Jose David Contreras v. State ( 2013 )

NUMBER 13-13-00394-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
JOSE DAVID CONTRERAS, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On Appeal from the 299th District Court
of Travis County, Texas.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Garza
Memorandum Opinion Per Curiam
Appellant, Jose David Contreras, attempts to appeal his conviction for aggravated
assault. His appeal was transferred to this Court from the Third Court of Appeals by
order of the Texas Supreme Court. See TEX. GOV'T CODE ANN. § 22.220(a) (West
Supp. 2011) (delineating the jurisdiction of appellate courts); TEX.GOV'T CODE ANN. §
73.001 (West 2005) (granting the supreme court the authority to transfer cases from one
court of appeals to another at any time that there is “good cause” for the transfer.
On August 12, 2013, we ordered appellant’s counsel, Alexander L. Calhoun, to,
within thirty days, review the record and advise this Court whether appellant has a right to
appeal. See id. R. 44.3, 44.4. Counsel responded to this Court's order by filing a
motion identifying potentially substantive reasons for appeal and requested that the Court
defer dismissal of the appeal for thirty days to afford him the opportunity to persuade the
trial court to modify the certificate of right to appeal. This Court subsequently abated and
remanded the to the trial court for a hearing to determine whether the appellant has the
right of appeal.
On October 22, 2013, a supplemental clerk’s record was filed containing an
amended trial court certification that this ““is a plea-bargain case, and the defendant has
NO right of appeal,” and “the defendant has waived the right of appeal.” See TEX. R.
APP. P. 25.2(a)(2). On October 24, 2013, counsel filed a letter brief with this Court
indicating that he has reviewed the case, conferred with the trial court, and advised this
Court that appellant does not have the right to appeal from his negotiated plea.
Accordingly, this appeal is hereby REINSTATED.
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 dismissed as moot.
PER CURIAM
Do not publish.
See TEX. R. APP. P. 47.2(b).
Delivered and filed the
14th day of November, 2013.
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