                               NUMBER 13-08-00265-CR

                               COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                      CORPUS CHRISTI - EDINBURG
____________________________________________________________

JOSE LUIS ALVARADO,                                                            Appellant,

                                            v.

THE STATE OF TEXAS,                                 Appellee.
____________________________________________________________

              On Appeal from the 370th District Court
                    of Hidalgo County, Texas.
____________________________________________________________

                               MEMORANDUM OPINION

                   Before Justices Rodriguez, Garza and Vela
                       Memorandum Opinion Per Curiam

       Appellant, Jose Luis Alvarado, attempts to appeal his conviction. 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 July 30, 2008, 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 January 6, 2009, 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, Counsel indicates that appellant

has already served his time in jail and no longer wishes to pursue his 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, appellant’s

motion to dismiss is GRANTED and this appeal is DISMISSED. Any pending motions are

denied as moot.



                                                   PER CURIAM



Do not publish. See TEX . R. APP. P. 47.2(b).

Memorandum Opinion delivered
and filed this the 29th day of January, 2009.




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