Octavio Tello v. State

11th Court of Appeals

Eastland, Texas

Opinion

Octavio Tello

            Appellant

Vs.                  No. 11-05-00053-CR -- Appeal from Harris County

State of Texas

            Appellee

            The trial court convicted Octavio Tello, upon his plea of guilty, of sexual assault and assessed his punishment at confinement for nine years. In its certification of defendant’s right to appeal, the trial court stated that this was a plea bargain case and that appellant had no right to appeal.

            On February 28, 2005, the clerk of this court wrote appellant’s counsel stating that the trial court’s certificate indicated that appellant had no right to appeal and requesting that counsel respond on or before March 15, 2005, showing grounds for continuing the appeal. The February 28 letter stated that failure to respond could result in the dismissal of the appeal. There has been no response to our February 28 letter.

            Therefore, the appeal is dismissed for want of jurisdiction.

                                                                                                PER CURIAM

March 31, 2005

Do not publish. See TEX.R.APP.P. 47.2(b).

Panel consists of: Arnot, C.J.,

and Wright, J., and McCall, J.