ALEXANDER REYNA v. THE STATE OF TEXAS--Appeal from 398th District Court of Hidalgo County
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
ALEXANDER REYNA, Appellant,
THE STATE OF TEXAS, Appellee.
On appeal from the 398th District Court
of Hidalgo County, Texas.
Before Justices Hinojosa, Ya ez, and Garza
Memorandum Opinion Per Curiam
Appellant, ALEXANDER REYNA, attempts to appeal a conviction for 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 August 26, 2004, 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 January 21, 2005, counsel filed a letter brief with this Court. Counsel s response does not establish (1) that the certification currently on file with this Court is incorrect or (2) 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. Any pending motions are denied as moot.
Do not publish. Tex. R. App. P. 47.2(b).
Memorandum Opinion delivered and filed this
the 24th day of March, 2005.