Ex Parte Jose Cuenca Motta

NUMBER 13-13-00667-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
JOSE CUENCA MOTTA, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 24th District Court
of Victoria County, Texas.
ORDER
Before Justices Rodriguez, Garza, and Perkes
Order Per Curiam
Appellant, Jose Cuenca Motta, has filed a notice of appeal with this Court from
his conviction in trial court cause number 12-4-26532-A-1. The trial court’s certification
of the defendant’s right to appeal shows that the defendant does not have the right to
appeal. See TEX. R. APP. P. 25.2(a)(2). The Texas Rules of Appellate Procedure
provide that an appeal must be dismissed if a certification showing that a defendant has
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a right of appeal is not made a part of the record. TEX. R. APP. P. 25.2(d); see TEX. R.
APP. P. 37.1, 44.3, 44.4.
Within thirty days of receipt of this notice, appellant’s lead appellate counsel,
Leslie Werner, is hereby ORDERED 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 and/or advise this Court as to the
existence of any amended certification.
If appellant’s counsel determines that appellant has a right to appeal, counsel is
further ORDERED to file a motion with this Court within thirty days of receipt of this
notice, identifying and explaining substantive reasons why appellant has a right to
appeal. See TEX. R. APP. P. 44.3, 44.4; see also, e.g., Carroll v. State, No. 04-03-
00473-CR, 2003 Tex. App. LEXIS 7317 (San Antonio 2003, no pet.) (designated for
publication) (certification form provided in appendix to appellate rules may be modified
to reflect that defendant has right of appeal under circumstances not addressed by the
form). The motion must include an analysis of the applicable case law, and any factual
allegations therein must be true and supported by the record. Cf. Woods v. State, 108
S.W.3d 314, 316 (Tex. Crim. App. 2003) (construing former appellate rule 25.2(b)(3)
and holding that recitations in the notice of appeal must be true and supported by the
record). Copies of record documents necessary to evaluate the alleged error in the
certification affecting appellant’s right to appeal shall be attached to the motion. See
TEX. R. APP. P. 10.1, 10.2.
PER CURIAM
Do not publish. TEX. R. APP. P. 47.2(b).
Delivered and filed the 4th day of December 2013.
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