JORGE ANTONIO MARSHALL v. THE STATE OF TEXAS (2017)

MEMORANDUM OPINION

Appellant, Jorge Antonio Marshall, attempts to appeal his conviction for possession of a controlled substance.¹ The trial court has certified that “the defendant has waived the right to appeal.” See TEX. R. APP. P. 25.2(a)(2).

On September 22, 2016, 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 December 19, 2016, 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. Additionally, the trial court has made findings of fact and conclusions of law that appellant has waived his 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 id. R. 37.1, 44.3, 44.4. Accordingly, this appeal is DISMISSED.

FOOTNOTES

1.   This case is before the Court on transfer from the Third Court of Appeals in Austin pursuant to a docket equalization order issued by the Supreme Court of Texas. See TEX. GOV'T CODE ANN. § 73.001 (West, Westlaw through 2015 R.S.).

PER CURIAM