Joel Macareno, Appellant, v. The State of Texas, Appellee. (2015)

MEMORANDUM OPINION

Appellant, Joel Macareno, attempts to appeal a conviction for possession of a controlled substance.   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 January 21, 2015, 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 January 21, 2015, this Court abated the appeal because of counsel's failure to respond to the order.   Based on the trial court's hearing, the trial court judge found that appellant waived his rights and entered a plea of guilty on his own free will.

The Court, having examined and fully considered the record before the Court, concludes that appellant has not established:  (1) that the certification currently on file with this Court is incorrect, or (2) 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.   See Tex.R.App. P. 25.2(d), 37.1, 44.3, 44.4.   Accordingly, this appeal is DISMISSED.

Memorandum Opinion Per Curiam