Joey Fuentes, Appellant, v. The State of Texas, Appellee.

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Court of Appeals of Texas, Corpus Christi-Edinburg.

Joey Fuentes, Appellant, v. The State of Texas, Appellee.

NUMBER 13–16–00102–CR

Decided: February 25, 2016

Before Chief Justice Valdez and Justices Rodriguez and Benavides


Appellant, Joey Fuentes, attempts to appeal his conviction for engaging in organized criminal activity and delivery of marijuana.  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 February 16, 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 February 18, 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.

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

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