Lopez v. State

Memorandum Opinion by Justice Contreras

On appeal from the 117th District Court of Nueces County, Texas.

Before Justices Rodriguez, Contreras, and Hinojosa
Memorandum Opinion by Justice Contreras

Appellant, Gerardo Lopez, attempts to appeal his conviction for failure to register as a sex offender. The trial court has certified that this "is a plea-bargain case, and the defendant has NO right of appeal," and "the defendant has waived the right of appeal." See TEX. R. APP. P. 25.2(a)(2).

On April 3, 2018, 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 April 9, 2018, 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.

DORI CONTRERAS

JUSTICE Do not publish.
See
TEX. R. APP. P. 47.2(b). Delivered and filed the 19th day of April, 2018.