NUMBER 13-17-00367-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
ORLANDO FIGUEROA, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 28th District Court
of Nueces County, Texas.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Contreras and Benavides
Memorandum Opinion by Chief Justice Valdez
Appellant Orlando Figueroa attempts to appeal his conviction for driving while
intoxicated. See TEX. PENAL CODE ANN. § 49.09 (West, Westlaw through 2017 1st C.S.).
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).
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 August 7, 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.
Counsel failed to respond to this Court’s order and the Court abated the appeal on
December 7, 2017. On December 8, 2017, counsel filed a letter brief with this Court.
Accordingly, this case is hereby REINSTATED. 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.
/s/ Rogelio Valdez
ROGELIO VALDEZ
Chief Justice
Do not publish.
TEX. R. APP. P. 47.2(b).
2
Delivered and filed the
4th day of January, 2018.
3