Robert Longoria v. State ( 2004 )

  NUMBERS 13-04-511-CR

                                                13-04-512-CR

                                                13-04-513-CR

                                                13-04-514-CR

13-04-515-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

__________________________________________________________________

ROBERT LONGORIA,                                                         Appellant,

v.

THE STATE OF TEXAS,                                                      Appellee.

__________________________________________________________________

On appeal from the 214th District Court

of Nueces County, Texas.

__________________________________________________________________

MEMORANDUM OPINION

Before Justices Rodriguez, Castillo, and Garza

Memorandum Opinion Per Curiam

         Appellant, ROBERT LONGORIA, attempts to appeal convictions for aggravated robbery, burglary of a building, and burglary of a habitation. The trial court has certified that each “is a plea-bargain case, and the defendant has NO right of appeal.” See Tex. R. App. P. 25.2(a)(2).

         On October 4, 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.

         On November 4, 2004, 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Do not publish.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 the 9th day of December, 2004.