NUMBER 13-12-00107-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
DANIEL COSTILLA, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 28th District Court
of Nueces County, Texas.
MEMORANDUM OPINION
Before Justices Benavides, Vela, and Perkes
Memorandum Opinion Per Curiam
Appellant, Daniel Costilla, attempts to appeal his conviction for aggravated sexual
assault in trial court cause number 10-CR-1597-A. The trial court has certified that this
Ais a plea-bargain case, and the Defendant has NO right of appeal.@ See TEX. R. APP. P.
25.2(a)(2).
On February 8, 2012, this Court notified appellant=s counsel of the trial court=s
certification and ordered counsel to: (1) review the record; (2) determine whether
appellant has a right to appeal; and (3) forward to this Court, by letter, counsel=s findings
as to whether appellant has a right to appeal, or, alternatively, advise this Court as to the
existence of any amended certification.
On June 12, 2009, counsel filed a letter brief with this Court. Counsel=s response
does not establish that the certification currently on file with this Court is incorrect or that
appellant otherwise has a right to appeal.
The Texas Rules of Appellate Procedure provide that an appeal must be
dismissed if the trial court=s certification does not show that the defendant has the right of
appeal. TEX. R. APP. P. 25.2(d); see TEX. R. APP. P. 37.1, 44.3, 44.4. Accordingly, this
appeal is DISMISSED. Any pending motions are dismissed as moot.
PER CURIAM
Do not publish.
See TEX. R. APP. P. 47.2(b).
Delivered and filed the
24th day of May, 2012.
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