NUMBER 13-11-00340-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
ALEJANDRO GARCIA, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 94th District Court
of Nueces County, Texas.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Garza and Vela
Memorandum Opinion Per Curiam
Appellant, Alejandro Garcia, attempts to appeal his conviction for murder. 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 May 31, 2011, 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.
Appellant’s counsel did not respond and on August 22, 2011, this Court abated the
case and remanded it to the trial court for a hearing to determine why counsel failed to
comply with this Court's order. On September 23, 2011, the trial court held a hearing
and found that the appellant did not have the right to appeal. The finding of the trial court
and counsel’s statements at the hearing do 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.
PER CURIAM
Do not publish.
See TEX. R. APP. P. 47.2(b).
Delivered and filed the
12th day of January, 2012.
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