JOEL RAY RUMBAUGH v. THE STATE OF TEXAS

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Court of Appeals of Texas, Corpus Christi-Edinburg.

JOEL RAY RUMBAUGH, Appellant, v. THE STATE OF TEXAS, Appellee.

NUMBER 13-17-00564-CR

Decided: November 01, 2017

Before Justices Rodriguez, Benavides, and Longoria

MEMORANDUM OPINION

Appellant, Joel Ray Rumbaugh, attempts to appeal his conviction for aggravated sexual assault.1 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 November 6, 2017, 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 November 16, 2017, 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.

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 2017 R.S.).

NELDA V. RODRIGUEZ Justice