NUMBERS 13-21-00366-CR and 13-21-00367-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
____________________________________________________________
EMILIO VARGAS, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________________________________
On appeal from the 214th District Court
of Nueces County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Benavides and Longoria
Memorandum Opinion by Justice Benavides
These causes are before the court on its own motion. On October 26, 2021,
appellant filed notices of appeal challenging the judgments of conviction upon pleas of
guilty. The Trial Court’s Certifications of Defendant’s Right to Appeal indicate these are
plea-bargain cases, and the defendant has NO right of appeal.
On October 26, 2021, the Court ordered appellant’s counsel to review the records
and determine whether appellant has the right to appeal. In response to counsel’s failure
to comply with the order, on December 10, 2021, the matters were abated and remanded
to the trial court to address counsel’s failure and to determine whether the trial court
certifications were correct.
On December 21, 2021, we received supplemental records containing the trial
court’s findings. The trial court found that its certification was correct; that within the
written admonishments on appellant’s pleas of guilty, he specifically signed waivers of
“any right of appeal”; and that appellant does not have the right to appeal these cases.
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.
See TEX. R. APP. P. 25.2(d), 37.1, 44.3, 44.4. Accordingly, these appeals are reinstated
and are hereby dismissed.
GINA M. BENAVIDES
Justice
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed on the
20th day of January, 2022.
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