Pedro Mendez v. State ( 2008 )

NO. 07-08-0052-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

JUNE 5, 2008

______________________________

PEDRO GRIMALDO MENDEZ, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

_________________________________

FROM THE 121ST DISTRICT COURT OF TERRY COUNTY;

NO. 5629; HONORABLE KELLY G. MOORE, JUDGE

_______________________________

Before CAMPBELL and HANCOCK and PIRTLE, JJ.

MEMORANDUM OPINION

          Appellant, Pedro Grimaldo Mendez, was convicted of retaliation, enhanced, and sentenced to twenty-five years confinement. The Trial Court’s Certification of Defendant’s Right of Appeal contained in the clerk’s record reflects that Appellant waived his right of appeal.

          By letter dated May 12, 2008, this Court notified Appellant’s counsel that the certification reflected a waiver of appeal and requested a response before May 22, 2008. The Court also notified counsel that unless an amended certification indicating otherwise or other grounds for appeal were provided, the appeal was subject to dismissal. No response was filed nor was an amended certification made a part of the record.

          Consequently, the appeal is dismissed.

                                                                           Patrick A. Pirtle

                                                                                 Justice

Do not publish.

s knowing possession when drugs hidden and not readily accessible to driver). The facts in Garza are similar to those in our present case. After the tractor trailer rig Garza was driving was stopped at a checkpoint, Border Patrol agents found cocaine concealed in his load of limes. 990 F.2d at 173. In addition to his control and ownership of the truck, the appellate court found Garza's guilty knowledge of the presence of the cocaine was supported by his nervousness and trembling; a false bill of lading hidden in the truck; his admitted falsification of his log book, accompanied by an implausible explanation; the "enormous" quantity of cocaine found; and suspicious circumstances involving Garza's delayed departure and his abandonment of his unlocked truck for a time. Id. at 176. The federal court's analysis can be seen as an application of the same type of "links" analysis Texas courts perform to evaluate evidence of a defendant's knowing possession of drugs found on premises not solely in the defendant's possession. See Bethancourt-Rosales v. State, 50 S.W.3d 650, 653-55 (Tex.App.-Waco 2001, pet. ref'd) (citing Garza in links analysis).