PAUL MORENO v. THE STATE OF TEXAS--Appeal from 347th District Court of Nueces County

NUMBER 13-01-760-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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  PAUL MORENO, Appellant,

v.

  THE STATE OF TEXAS, Appellee.

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On appeal from the 347th District Court of Nueces County, Texas.

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MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Hinojosa and Garza

Memorandum Opinion Per Curiam

Appellant, Paul Moreno, attempts to appeal a conviction for unlawful possession of cocaine with intent to deliver. 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 March 2, 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.

Counsel failed to respond to this Court's order, and the appeal was abated and the matter was referred to the trial court for further proceedings. The record of the proceedings below fails to establish either that the certification currently on file with this Court is incorrect or that appellant otherwise has a right to appeal.

Rule 25.2(a)(2) of the Texas Rules of Appellate Procedure provides that, in a plea bargain case in which the punishment does not exceed the punishment recommended by the prosecutor and agreed to by the defendant, a defendant may appeal only those matters that were raised by written motion filed and ruled on before trial, or after obtaining the trial court's permission to appeal. Tex. R. App. P. 25.2(a)(2). According to the clerk=s record, no written motions were filed and ruled on before trial and the trial court did not grant appellant permission to appeal. Further, appellant expressly waived his 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. The trial court's rule 25.2(d) certification states that appellant has no right to appeal, and the certification is supported by the record. See Tex. R. App. P. 25.2(d); Dears v. State, 154 S.W.3d 610, 614 15 (Tex. Crim. App. 2005). Accordingly, this appeal is DISMISSED. Any pending motions are denied as moot.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.2(b).

Memorandum opinion delivered and filed

this 4th day of August, 2005.