Joseph Edward Moore v. State ( 2014 )

NUMBER 13-14-00235-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG JOSEPH EDWARD MOORE, Appellant, v. THE STATE OF TEXAS, Appellee. On appeal from the 36th District Court of San Patricio County, Texas. MEMORANDUM OPINION Before Justices Garza, Benavides, and Perkes Memorandum Opinion Per Curiam Appellant, Joseph Edward Moore, attempts to appeal his conviction for injury to a child. 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 April 24, 2014, 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 May 8, 2014, counsel filed a notice and motion for leave to withdraw as counsel with this Court. Counsel’s motion states that he was retained as counsel only for trial court representation. 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. Counsel’s motion to withdraw as counsel for appellant is GRANTED. PER CURIAM Do not publish. See TEX. R. APP. P. 47.2(b). Delivered and filed the 5th day of June, 2014. 2