DocketNumber： 13-10-00407-CR
Filed Date： 9/30/2010
Status： Precedential
Modified Date： 10/16/2015
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NUMBER 13-10-00407-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
MARSHALL SHANE HICKS, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 413th District Court
of Johnson County, Texas.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Vela
Memorandum Opinion Per Curiam
Appellant, Marshall Shane Hicks, attempts to appeal his conviction for indecency with a child. The trial court has certified that this Ais a plea-bargain case, and the defendant has NO right of appeal,@ and Athe defendant has waived the right of appeal.@ See Tex. R. App. P. 25.2(a)(2).
On August 24, 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 September 14, 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.
PER CURIAM
Do not publish. See Tex. R. App. P. 47.2(b).
Delivered and filed the 30th
day of September, 2010.