NUMBER 13-10-00601-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
RAFAEL PENA RODRIGUEZ, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 332nd District Court
of Hidalgo County, Texas.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Benavides
Memorandum Opinion Per Curiam
Appellant, Rafael Pena Rodriguez, attempts to appeal his conviction for attempted
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 November 1, 2010, 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 November 29, 2010, 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 denied as moot.
PER CURIAM
Do not publish.
See TEX. R. APP. P. 47.2(b).
Delivered and filed the
16th day of December, 2010.
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