JOHNNIE L. NICKLES v. THE STATE OF TEXAS--Appeal from 105th District Court of Nueces County

NUMBERS 13-07-067-CR AND 13-07-068-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG

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JOHNNIE L. NICKLES, Appellant,

 
v.

THE STATE OF TEXAS, Appellee.

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

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MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Ya ez and Rodriguez
Memorandum Opinion Per Curiam

Appellant, JOHNNIE L. NICKLES, attempts to appeal convictions for possession of cocaine and evading arrest. 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 February 5, 2007, 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.

On February 22, 2007, counsel filed a letter brief with this Court. Counsel's response does not establish (1) that the certifications currently on file with this Court are 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, these 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Do not publish.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 8th day of March, 2007.