JUAN SALINAS v. THE STATE OF TEXAS--Appeal from 36th District Court of San Patricio County
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NUMBER 13-10-00014-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG JUAN SALINAS, Appellant, v. THE STATE OF TEXAS, Appellee. On appeal from the 36th District Court of San Patricio County, Texas. MEMORANDUM OPINION Before Justices Rodriguez, Benavides, and Vela Memorandum Opinion Per Curiam Appellant, Juan Salinas, attempts to appeal his conviction for burglary of a habitation. The trial court has certified that this Ais a plea-bargain case, and the defendant has NO right of appeal@ and that Athe defendant has waived the right of appeal.@ See TEX. R. APP. P. 25.2(a)(2). On January 11, 2010, 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 May 12, 2010, the case was abated to the trial court for a status of appeal hearing at which time the trial court clarified that it had not granted permission to appeal. Counsel subsequently filed a letter brief with this Court. 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. Any pending motions are denied as moot. PER CURIAM Do not publish. See TEX. R. APP. P. 47.2(b). Delivered and filed the 29th day of June, 2010. 2
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