Ex Parte Benito Mojica ( 2012 )

IN THE
TENTH COURT OF APPEALS
No. 10-12-00246-CR
EX PARTE BENITO MOJICA
From the 66th District Court
Hill County, Texas
Trial Court No. 36090-A
MEMORANDUM OPINION
Pursuant to a plea bargain agreement, Benito Mojica entered a plea of nolo
contendere to the offense of possession of a controlled substance. The trial court
convicted Mojica of the offense and assessed punishment at eight years confinement
and a $500 fine. The trial court suspended imposition of the confinement portion of the
sentence and placed Mojica on community supervision for eight years.
On April 25, 2012, Mojica filed an application for writ of habeas corpus in the
trial court seeking to set aside his conviction because he received ineffective assistance
of counsel. On June 7, 2012, the trial court denied the application for writ of habeas
corpus, and Mojica filed a notice of appeal in this court. On August 1, 2012, this Court
notified Mojica that no certification of his right to appeal had been filed. See TEX. R. APP.
P. 25.2(a)(2). This Court informed Mojica that the proceeding would be dismissed
within 14 days of that letter unless a certification of defendant’s right to appeal was
provided to the Court. TEX. R. APP. P. 44.3.
Rule 25.2 of the Texas Rules of Appellate Procedure provides that a “trial court
shall enter a certification of the defendant’s right of appeal each time it enters a
judgment of guilt or other appealable order.” TEX. R. APP. P. 25.2(a)(2). The denial of a
writ of habeas corpus is an appealable order. Greenwell v. Court of Appeals for the
Thirteenth Judicial Dist., 159 S.W.3d 645, 650 (Tex. Crim. App. 2005). “The appeal must
be dismissed if a certification that shows the defendant has the right of appeal has not
been made part of the record under these rules.” TEX. R. APP. P. 25.2(d).
No certification of defendant’s right to appeal has been provided, and Mojica has
not sought extraordinary relief in this Court to compel the trial court to enter a
certification of defendant’s right of appeal. Accordingly, the appeal is dismissed.
AL SCOGGINS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal Dismissed
Opinion delivered and filed September 13, 2012
[CR25]
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