Christopher Allen Spencer v. the State of Texas

NUMBER 13-22-00276-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
CHRISTOPHER ALLEN SPENCER, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 36th District Court
of Aransas County, Texas.
MEMORANDUM OPINION
Before Justices Longoria, Hinojosa, and Silva
Memorandum Opinion by Justice Longoria
Appellant Christopher Allen Spencer attempts to appeal a conviction for the third-
degree felony offense of possession of methamphetamine in trial court cause number A-
14-5061-CR in the 36th District Court of Aransas County, Texas. See TEX. HEALTH &
SAFETY CODE ANN. § 481.115. The trial court has certified that “this criminal case . . . is a
plea-bargain case, and the defendant has NO right of appeal.” See TEX. R. APP. P.
25.2(a)(2). On July 27, 2022, 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 August 29, 2022, counsel filed a letter brief
advising the Court that, based on the record and applicable law, appellant does not have
the 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, 44.4; Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App.
2005); Pena v. State, 323 S.W.3d 522, 525–27 (Tex. App.—Corpus Christi–Edinburg
2010, no pet.); Ernst v. State, 159 S.W.3d 668, 670 (Tex. App.—Corpus Christi–Edinburg
2005, no pet.). Accordingly, we dismiss this appeal for lack of jurisdiction.
NORA L. LONGORIA
Justice
Do not publish.
TEX. R. APP. P. 47.2 (b).
Delivered and filed on the
8th day of September, 2022.
2