NUMBER 13-17-00191-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
FIDEL BRIONES, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 430th District Court
of Hidalgo County, Texas.
MEMORANDUM OPINION
Before Justices Rodriguez, Contreras, and Benavides
Memorandum Opinion by Justice Benavides
Appellant, Fidel Briones, attempts to appeal his conviction for possession of a
controlled substansce. The trial court has certified that this “is a plea-bargain case, and
the defendant has NO right of appeal,” and “the defendant has waived the right of appeal.”
See TEX. R. APP. P. 25.2(a)(2).
On April 18, 2017, 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 June 21, 2017, counsel filed a letter brief with this Court and a motion for leave
to file a response to the Court’s order regarding appellant’s right to appeal. On June 23,
2017, this appeal was inadvertently abated by this Court for purposes of obtaining a
response from appellant’s counsel regarding appellant’s right to appeal. Accordingly,
this case is hereby REINSTATED.
A supplemental clerk’s record was filed on July 7, 2017. The trial court held a
hearing following the order of abatement and issued an order. The trial court’s order,
“re-affirms the pronouncement that Defendant Briones had pled guilty based on a plea
bargain agreement and has no right of appeal contained in the Trial Certification and
Notification of Defendant’s Right of Appeal which it signed on March 15, 2017.”
We GRANT appellant’s motion for leave to file a response. 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.
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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.
GINA M. BENAVIDES,
Justice
Do not publish.
See TEX. R. APP. P. 47.2(b).
Delivered and filed the
27th day of July, 2017.
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