Miguel Rivas, Appellant, v. The State of Texas, Appellee. (2016)

MEMORANDUM OPINION

Appellant, Miguel Rivas, attempts to appeal a conviction for aggravated robbery. The trial court has certified that this “is a plea-bargain case, and the defendant has NO right of appeal.”  See Tex.R.App. P. 25.2(a)(2).

On September 8, 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.

Counsel did not respond to this Court's order and the case was abated and remanded to the trial court.  A supplemental clerk's record was filed on December 22, 2015, containing the trial court's findings of fact and recommendations.  Accordingly, this appeal is REINSTATED.  The trial court made findings that appellant's counsel read the transcript and determined the appellant does not have a right to appeal, and recommends based on the findings and plea agreement, that appellant does not have 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.

Memorandum Opinion Per Curiam