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Andrade v. State

Court of Appeals Seventh District of Texas at Amarillo
Jul 10, 2019
No. 07-19-00232-CR (Tex. App. Jul. 10, 2019)

Opinion

No. 07-19-00232-CR

07-10-2019

NOEL V. ANDRADE, APPELLANT v. THE STATE OF TEXAS, APPELLEE


On Appeal from the 320th District Court Potter County, Texas
Trial Court No. 75,063-D, Honorable Pamela Cook Sirmon, Presiding

MEMORANDUM OPINION

Before QUINN, C.J., and PIRTLE and PARKER, JJ.

Pursuant to a plea bargain agreement, appellant Noel V. Andrade was convicted of possession of a controlled substance. The trial court's certification of appellant's right of appeal reflects that appellant's case is a plea-bargain case with no right of appeal and that appellant waived the right of appeal. TEX. R. APP. P. 25.2(a)(2), (d). Notwithstanding the certification, appellant filed a notice of appeal challenging his conviction. An appeal must be dismissed unless a certification showing that the appellant has the right to appeal has been made a part of the appellate record. TEX. R. APP. P. 25.2(d). We notified appellant of the consequences of the certification and invited him to provide an amended certification showing a right of appeal. Appellant has filed a response but has not shown grounds for continuing the appeal. Nor was an amended or other certification filed indicating that appellant has a right to appeal.

On June 24, 2019, appellant filed a "Motion for Hearing Under Defendant's 14th Amendment Right of Speedy Trial" seeking habeas relief. As we informed him in Ex parte Andrade, No. 07-19-00234-CR, 2019 Tex. App. LEXIS 5303, at *1 (Tex. App.—Amarillo June 25, 2019, orig. proceeding) (per curiam) (mem. op, not designated for publication), the Court of Criminal Appeals has exclusive habeas jurisdiction in felony cases. Accordingly, his motion is denied.

Accordingly, we dismiss the appeal based on the trial court's certification that appellant waived all appeals and has no right of appeal.

Per Curiam Do not publish.


Summaries of

Andrade v. State

Court of Appeals Seventh District of Texas at Amarillo
Jul 10, 2019
No. 07-19-00232-CR (Tex. App. Jul. 10, 2019)
Case details for

Andrade v. State

Case Details

Full title:NOEL V. ANDRADE, APPELLANT v. THE STATE OF TEXAS, APPELLEE

Court:Court of Appeals Seventh District of Texas at Amarillo

Date published: Jul 10, 2019

Citations

No. 07-19-00232-CR (Tex. App. Jul. 10, 2019)