STEPHEN A. SCALES v. THE STATE OF TEXAS--Appeal from 337th District Court of Harris County

NUMBER 13-03-064-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

__________________________________________________________________

STEPHEN A. SCALES, Appellant,

v.

THE STATE OF TEXAS, Appellee.

__________________________________________________________________

On appeal from the 337th District Court of Harris County, Texas.

__________________________________________________________________

MEMORANDUM OPINION

Before Justices Rodriguez, Castillo, and Garza

Memorandum Opinion Per Curiam

Appellant, STEPHEN A. SCALES, attempts to appeal a conviction for indecency with a child. 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 January 26, 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 on March 25, 2004, the appeal was abated and the matter was referred to the trial court for further proceedings. The record of these proceedings was received on May 10, 2004. 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.

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Do not publish.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 26th day of May, 2005.