Raquel Gonzales Rios v. The State of Texas Appeal from 85th District Court of Brazos County (memorandum opinion)
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IN THE TENTH COURT OF APPEALS No. 10-17-00289-CR RAQUEL GONZALES RIOS, Appellant v. THE STATE OF TEXAS, Appellee From the 85th District Court Brazos County, Texas Trial Court No. 16-04443-CRM-85 and IN THE TENTH COURT OF APPEALS No. 10-17-00290-CR RAQUEL GONZALES RIOS, Appellant v. THE STATE OF TEXAS, Appellee From the 85th District Court Brazos County, Texas Trial Court No. 15-02512-CRF-85 MEMORANDUM OPINION In appellate cause numbers 10-17-00289-CR and 10-17-00290-CR, appellant, Raquel Gonzales Rios, filed pro se notices of appeal challenging her convictions for theft. Attached to appellant’s pro se notices of appeal is a certification of appellant’s right of appeal that references both appellate cause numbers. In the certification, the trial court indicated that these are plea-bargain cases and that appellant does not have a right to appeal either case. Because appellant has no right of appeal in either appellate cause number, we must dismiss these appeals. See Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006) (en banc) (“A court of appeals, while having jurisdiction to ascertain whether an appellant . . . is permitted to appeal . . . must dismiss a prohibited appeal without further action, regardless of the basis for the appeal.”). Accordingly, we dismiss appellant’s appeals in appellate cause numbers 10-17-00289-CR and 10-17-00290-CR. Rios v. State Page 2 Notwithstanding that we are dismissing these appeals, appellant may file motions for rehearing with this Court within 15 days after the opinion and judgment are rendered if she believes the opinion and judgment are erroneously based on inaccurate information or documents. See TEX. R. APP. P. 49.1. Moreover, if appellant desires to have the opinion and judgment of this Court reviewed by filing a petition for discretionary review, that petition must be filed with the Court of Criminal Appeals within 30 days after either the day this Court’s judgment is rendered or the day the last timely motion for rehearing is overruled by this Court. See id. at R. 68.2(a). AL SCOGGINS Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Dismissed Opinion delivered and filed September 27, 2017 Do not publish [CR25] Rios v. State Page 3
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