                              NUMBER 13-09-00084-CR

                              COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                      CORPUS CHRISTI - EDINBURG
____________________________________________________________

FRIZO VALERO,                                                                    Appellant,

                                              v.

THE STATE OF TEXAS,                                 Appellee.
____________________________________________________________

             On appeal from the 404th District Court
                  of Cameron County, Texas.
____________________________________________________________

                              MEMORANDUM OPINION

         Before Chief Justice Valdez and Justices Garza and Vela
                    Memorandum Opinion Per Curiam

       This case is before the Court on the State’s motion to dismiss the appeal for want

of jurisdiction. Appellant’s notice of appeal states that appellant’s “‘appeal’ in this context

on these facts means an application to such an original proceeding seeking a writ of

prohibition with respect to this Court’s order of January 29, 2009....” Appellant has also

filed an original proceeding in this Court seeking a writ of prohibition. The State maintains
that appellant’s notice of appeal does not invoke this Court’s appellate jurisdiction over the

matter and that appellant has acknowledged in his petition for writ of prohibition that he

does not have the right to appeal the order complained of.

       Appellant has responded to the State’s motion to dismiss for want of jurisdiction

conceding the State’s motion to dismiss while contesting the accuracy of some of the

statements and law set forth in the motion. Appellant acknowledges that this Court does

not have appellate jurisdiction over this matter. Accordingly, the State’s motion to dismiss

is GRANTED and the appeal is hereby DISMISSED FOR WANT OF JURISDICTION. See

TEX . R. APP. P. 42.3(a).



                                                         PER CURIAM



Do not publish.
See TEX . R. APP. P. 47.2(b).
Memorandum Opinion delivered and
filed this 23rd day of April, 2009.




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