Daniel Renee Garcia v. the State of Texas ( 2024 )

NUMBER 13-24-00405-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
DANIEL RENEE GARCIA, Appellant,
v.
THE STATE OF TEXAS, Appellee.
ON APPEAL FROM THE 319TH DISTRICT COURT
OF NUECES COUNTY, TEXAS
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Benavides and Silva
Memorandum Opinion by Justice Benavides
Appellant filed a notice of appeal attempting to appeal a judgment in trial court
case number 24FC-1021G. We dismiss the appeal for want of jurisdiction.
Upon review of the documents filed, the trial court has certified that this “is a plea
bargain case, . . . and the [d]efendant has NO right of appeal.” See TEX. R. APP. P.
25.2(a)(2). On August 15, 2024, we ordered appellant’s counsel to review the record and
determine whether appellant has a right to appeal. On September 11, 2024, appellant’s
counsel responded concluding that appellant waived his right to appeal and otherwise
does not have 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.
See id. R. 25.2(d), 37.1, 44.3. Accordingly, this case is dismissed for want of jurisdiction.
GINA M. BENAVIDES
Justice
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed on the
10th day of October, 2024.
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