GUADALUPE SALAZAR, JR. v. THE STATE OF TEXAS--Appeal from 214th District Court of Nueces CountyAnnotate this Case
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
GUADALUPE SALAZAR, JR., Appellant,
THE STATE OF TEXAS, Appellee.
On appeal from the 214th District Court
of Nueces County, Texas.
Before Justices Rodriguez, Castillo, and Garza
Opinion Per Curiam
Appellant, GUADALUPE SALAZAR, JR., attempts to appeal a conviction for burglary of a habitation with intent to commit theft. 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 April 13, 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 May 13, 2004, counsel filed a letter brief with this Court. Counsel s response fails to establish either 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.
Do not publish. Tex. R. App. P. 47.2(b).
Opinion delivered and filed this
the 3rd day of June, 2004.