Priscilla Rasco v. The State of Texas--Appeal from 243rd District Court of El Paso County
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COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § PRISCILLA RASCO, No. 08-09-00313-CR § Appellant, Appeal from § v. 243rd District Court § THE STATE OF TEXAS, of El Paso County, Texas § Appellee. (TC # 20040D01290) § MEMORANDUM OPINION Priscilla Rasco attempts to appeal a conviction for possession of a chemical with intent to unlawfully manufacture a controlled substance. Finding that Appellant has no right of appeal, we dismiss the appeal. Rule 25.2 governs a defendant s right of appeal in a criminal case. The rule provides that the trial court must enter a certification of the defendant s right of appeal in every case in which it enters a judgment of guilt or other appealable order. TEX .R.APP .P. 25.2(d). Further, the rule requires the trial court to certify whether the defendant has a right of appeal. Id. Appellant filed a timely notice of appeal, including the trial court s certification of the defendant s right to appeal as required by Rules 25.2(a)(2) and 25.2(d). The certification reflects that the appeal is a plea-bargain case, and the defendant has NO right of appeal. The trial court also certified that Appellant waived the right to appeal. On December 11, 2009, the Clerk s Office notified Appellant s counsel that the certification reflects Appellant has no right of appeal and requested counsel file a letter brief on the issue no later than December 21, 2009. No response has been received. Based on the trial court s certification, we dismiss the appeal. January 29, 2010 ANN CRAWFORD McCLURE, Justice Before Chew, C.J., McClure, and Rivera, JJ. (Do Not Publish)
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