NUMBER 13-18-00019-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
HUMBERTO SOTO, JR., Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 36th District Court
of San Patricio County, Texas.
MEMORANDUM OPINION
Before Justices Rodriguez, Contreras, and Hinojosa
Memorandum Opinion by Justice Hinojosa
Appellant, Humberto Soto Jr., attempts to appeal his conviction for aggravated
sexual assault. The trial court has certified that this “is a plea-bargain case, and the
defendant has NO right of appeal.” See TEX. R. APP. P. 25.2(a)(2).
On January 10, 2018, 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 May 16, 2018, 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.
LETICIA HINOJOSA
Justice
Do not publish.
See TEX. R. APP. P. 47.2(b).
Delivered and filed the
24th day of May, 2018.
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