FERNANDO GARCIA v. THE STATE OF TEXAS--Appeal from 93rd District Court of Hidalgo County

NUMBER 13-04-535-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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FERNANDO GARCIA, Appellant,

v.

THE STATE OF TEXAS, Appellee.

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On appeal from the 93rd District Court

of Hidalgo County, Texas.

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MEMORANDUM OPINION

Before Justices Hinojosa, Ya ez, and Garza

Memorandum Opinion Per Curiam

Appellant, FERNANDO GARCIA, attempts to appeal a conviction for intoxication manslaughter. 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 October 18, 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 November 16, 2004, 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.

PER CURIAM

Do not publish. Tex. R. App. P. 47.2(b).

Memorandum Opinion delivered and filed this

the 6th day of January, 2005.