Charles Eugene Horn v. State ( 2005 )

                              NUMBER 13-05-472-CR  

                                 COURT OF APPEALS

                     THIRTEENTH DISTRICT OF TEXAS

                         CORPUS CHRISTI - EDINBURG

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CHARLES EUGENE HORN,                                                             Appellant,

                                                             v.

THE STATE OF TEXAS,                                                                    Appellee.

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                             On appeal from the 179th District Court

                                         of Harris County, Texas.

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                               MEMORANDUM OPINION

                         Before Justices Hinojosa, Yañez, and Garza

                                 Memorandum Opinion Per Curiam

Appellant, CHARLES EUGENE HORN, attempts to appeal a conviction for possession of a controlled substance.  The trial court has certified that this Ais a plea-bargain case, and the defendant has NO right of appeal.@  See Tex. R. App. P. 25.2(a)(2).

On August 2, 2005, 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 August 24, 2005, counsel filed a letter brief with this Court.  Counsel=s response does not establish (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.  Tex. R. App. P. 25.2(d); see Tex. R. App. P. 37.1, 44.3, 44.4. Accordingly, this appeal is dismissed. Any pending motions are denied as moot.

PER CURIAM

Do not publish. Tex. R. App. P. 47.2(b).

Memorandum Opinion delivered and filed this

the 8^th day of September, 2005.