Jose Luis Alvarado v. State ( 2009 )

NUMBER 13-08-00265-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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JOSE LUIS ALVARADO, Appellant,

v.

THE STATE OF TEXAS, Appellee.

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On Appeal from the 370th District Court of Hidalgo County, Texas.

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MEMORANDUM OPINION

Before Justices Rodriguez, Garza and Vela Memorandum Opinion Per Curiam

Appellant, Jose Luis Alvarado, attempts to appeal his conviction. 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 July 30, 2008, 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 January 6, 2009, counsel filed a letter brief with this Court. 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. Additionally, Counsel indicates that appellant has already served his time in jail and no longer wishes to pursue his 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, appellant's motion to dismiss is GRANTED and this appeal is DISMISSED. Any pending motions are denied as moot.

PER CURIAM

Do not publish. See Tex. R. App. P. 47.2(b).

Memorandum Opinion delivered

and filed this the 29th day of January, 2009.