Ulysses Sanchez v. State ( 2009 )

NUMBER 13-09-00439-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ULYSSES SANCHEZ, Appellant, v. THE STATE OF TEXAS, Appellee. On appeal from the 93rd District Court of Hidalgo County, Texas. MEMORANDUM OPINION Before Justices Yañez, Benavides, and Vela Memorandum Opinion Per Curiam Appellant, Ulysses Sanchez, attempts to appeal his conviction for manslaughter. The trial court has certified that this “is a plea-bargain case, and the defendant has NO right of appeal.” See TEX . R. APP. P. 25.2(a)(2). On August 5, 2009, 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 26, 2009, counsel filed a letter brief with this Court. Counsel states that the appellant did not seek a direct appeal in this matter, as the proper remedy is a petition for habeas corpus. Counsel’s response does not establish that the certification currently on file with this Court is incorrect or 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 PER CURIAM Do not publish. See TEX . R. APP. P. 47.2(b). Delivered and filed the 19th day of November, 2009. 2