Rigoberto Olivarez Silva Jr. v. The State of Texas Appeal from 370th District Court of Hidalgo County (memorandum opinion)
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NUMBER 13-19-00376-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG RIGOBERTO OLIVAREZ SILVA JR., Appellant, v. THE STATE OF TEXAS, Appellee. On appeal from the 370th District Court of Hidalgo County, Texas. MEMORANDUM OPINION Before Chief Justice Contreras and Justices Hinojosa and Tijerina Memorandum Opinion by Justice Tijerina Appellant, Rigoberto Olivarez Silva Jr., attempts to appeal a conviction for evading arrest. The trial court has certified that “the defendant has waived the right of appeal.” See TEX. R. APP. P. 25.2(a)(2). On September 18, 2019, 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 October 17, 2019, 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. JAIME TIJERINA, Justice Do not publish. TEX. R. APP. P. 47.2(b). Delivered and filed the 31st day of October, 2019. 2
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