CourtListener 10768576•Jaime Elizondo v. the State of Texas
Texte intégral
NUMBER 13-25-00358-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
JAIME ELIZONDO, Appellant,
v.
THE STATE OF TEXAS, Appellee.
ON APPEAL FROM THE 92ND DISTRICT COURT
OF HIDLAGO COUNTY, TEXAS
MEMORANDUM OPINION
Before Justices Silva, Cron, and Fonseca
Memorandum Opinion by Justice Silva
Appellant filed a notice of appeal attempting to appeal a judgment of conviction in
trial court cause number CR-1235-25-A. We now dismiss the appeal for want of
jurisdiction.
Upon review of the documents before use, the trial court has certified that appellant
“has NO right of appeal” and has “waived the right of appeal.” See TEX. R. APP. P.
25.2(a)(2). On July 11, 2025, we ordered appellant’s counsel to review the record and
determine whether appellant had the right to appeal. On August 20, 2025, after no
response, we ordered the case abated and remanded the matter to the trial court to
determine whether appellant or counsel had abandoned the appeal, whether a conflict
had arisen between appellant and counsel, and other related matters.
On November 25, 2025, upon review of the trial court’s findings that the appeal
had not been abandoned and that no conflict between appellant and his counsel existed,
we reinstated the matter and instructed appellant’s counsel to file a response to the Order
issued on July 11, 2025. On December 5, 2025, appellant’s counsel filed a response
concluding that the record reflects that appellant voluntarily waived his right of appeal.
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.
See id. R. 25.2(d), 37.1, 44.3. Accordingly, this case is dismissed for want of jurisdiction.
CLARISSA SILVA
Justice
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed on the
30th day of December, 2025.
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