Gregory Max Hutchinson v. State ( 2007 )

NUMBER 13-07-506-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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GREGORY MAX HUTCHINSON, Appellant,

v.

THE STATE OF TEXAS, Appellee.

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On appeal from the 24th District Court of Victoria County, Texas.

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MEMORANDUM OPINION Before Justices Rodriguez, Garza, and Vela

Memorandum Opinion Per Curiam

   Appellant, Gregory Max Hutchinson, attempts to appeal a conviction for theft. The trial court has certified that "the defendant has waived the right of appeal." See Tex. R. App. P. 25.2(a)(2).

On August 15, 2007, 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 11, 2007, 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. 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Do not publish.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 1st day of November, 2007.