CourtListener 10706287•Carlos Osbaldo Franco Jr. v. the State of Texas
Carlos Osbaldo Franco Jr. v. the State of Texas
CourtListener 10706287Txctapp1316 ott 2025
Testo completo
NUMBER 13-25-00274-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
CARLOS OSBALDO FRANCO JR., Appellant,
v.
THE STATE OF TEXAS, Appellee.
ON APPEAL FROM THE 105TH DISTRICT COURT
OF KLEBERG COUNTY, TEXAS
MEMORANDUM OPINION
Before Justices Silva, Peña, and West
Memorandum Opinion by Justice Peña
Appellant filed a notice of appeal attempting to appeal a judgment of conviction in
trial court cause number 23-CRF-0391-S1. We now dismiss the appeal for want of
jurisdiction.
Upon review of the documents filed, the trial court has certified that appellant
“waived the right of appeal.” See TEX. R. APP. P. 25.2(a)(2). On May 20, 2025, we ordered
appellant’s counsel to review the record and determine whether appellant had a right to
appeal. Due to a clerical error, the Order was reissued on July 3, 2025. After no response
from appellant, on August 12, 2025, we abated the appeal and remanded the case to the
trial court to determine if appellant, or his counsel, had abandoned the appeal. On
September 29, 2025, we reinstated the matter upon review of the trial court’s findings and
order appointing new counsel. Additionally, we ordered appellant’s newly appointed
counsel to review the record and determine whether appellant had a right to appeal. On
October 3, 2025, appellant’s counsel filed a “Memorandum Regarding Waiver of Right to
Appeal,” concluding appellant does not have a right of 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.
See id. R. 25.2(d), 37.1, 44.3. Accordingly, this case is dismissed for want of jurisdiction.
L. ARON PEÑA JR.
Justice
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed on the
16th day of October, 2025.
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