NUMBER 13-11-00482-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
ALFRED KELLY GOFORTH, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 156th District Court
of Live Oak County, Texas.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Garza and Benavides
Memorandum Opinion Per Curiam
Appellant, Alfred Kelly Goforth, attempts to appeal his conviction for driving while
intoxicated. 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 September 1, 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.
On October 19, 2011, 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.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
10th day of November, 2011.
2