RICARDO FLORES v. THE STATE OF TEXAS--Appeal from 105th District Court of Kleberg County

NUMBERS 13-03-377-CR and 13-03-378-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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RICARDO FLORES, Appellant,

v.

THE STATE OF TEXAS, Appellee.

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On appeal from the 105th District Court of Kleberg County, Texas.

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MEMORANDUM OPINION

Before Justices Rodriguez, Castillo, and Garza

Memorandum Opinion Per Curiam

Appellant, RICARDO FLORES, attempts to appeal his convictions for aggravated sexual assault of a child. The trial court has certified that the defendant has waived the right of appeal. See Tex. R. App. P. 25.2(a)(2).

On January 12, 2004, this Court notified appellant s counsel of the trial court s certifications 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 certifications.

Counsel failed to respond to this Court s order, and on February 26, 2004, the appeal was abated and the matter was referred to the trial court for further proceedings. The trial court s findings were received on May 14, 2004. The trial court s findings fail to establish either that the certifications currently on file with this Court are 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, the appeals are 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Do not publish.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.