Rafael Pena Rodriguez v. State ( 2010 )

                                       NUMBER 13-10-00601-CR

                                 COURT OF APPEALS

                     THIRTEENTH DISTRICT OF TEXAS

                         CORPUS CHRISTI - EDINBURG

RAFAEL PENA RODRIGUEZ,                                                     Appellant,

                                                             v.

THE STATE OF TEXAS,                                                                 Appellee.

                          On appeal from the 332nd District Court

of Hidalgo County, Texas.

                               MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Benavides

Memorandum Opinion Per Curiam

Appellant, Rafael Pena Rodriguez, attempts to appeal his conviction for attempted murder. The trial court has certified that this Ais a plea-bargain case, and the defendant has NO right of appeal.@  See Tex. R. App. P. 25.2(a)(2).

On November 1, 2010, 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 November 29, 2010, 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. 

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Do not publish.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

16th day of December, 2010.