James Andrew Gonzalez v. The State of Texas Appeal from 275th District Court of Hidalgo County (memorandum opinion)

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NUMBER 13-17-00192-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG JAMES ANDREW GONZALEZ, Appellant, v. THE STATE OF TEXAS, Appellee. On Appeal from the 275th District Court of Hidalgo County, Texas. MEMORANDUM OPINION Before Chief Justice Valdez and Justices Longoria and Hinojosa Memorandum Opinion by Justice Hinojosa Appellant, James Andrew Gonzalez, attempts to appeal a conviction for aggravated assault. The trial court has certified that “the defendant has waived the right of appeal.” See TEX. R. APP. P. 25.2(a)(2). On April 18, 2017, 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 July 5, 2017, 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. LETICIA HINOJOSA Justice Do not publish. See TEX. R. APP. P. 47.2(b). Delivered and filed the 13th day of July, 2017. 2

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