Guadalupe Garcia v. the State of Texas
CourtTexas Court of Appeals, 13th District
Date FiledOctober 1, 2026
Docket13-26-00451-CR
StatusPublished
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Full Opinion
NUMBER 13-26-00451-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
GUADALUPE GARCIA, Appellant,
v.
THE STATE OF TEXAS, Appellee.
ON APPEAL FROM THE 138TH DISTRICT COURT
OF CAMERON COUNTY, TEXAS
MEMORANDUM OPINION
Before Chief Justice Tijerina and Justices Cron and Fonseca
Memorandum Opinion by Justice Fonseca
This cause is before the Court on its own motion. On June 3, 2026, appellant filed
a notice of appeal attempting to appeal a judgment of conviction in trial court cause
number 2021-DCR-326. We now dismiss the appeal for want of jurisdiction.
Upon review of the documents before use, the trial court has certified that this is a
plea bargain case and appellant “has NO right of appeal.” See TEX. R. APP. P. 25.2(a)(2).
On June 4, 2026, we ordered appellant’s counsel to review the record and determine
whether appellant had the right to appeal. Appellant’s counsel responded to the notice
confirming this is a plea bargain case and that appellant has no right to appeal. Therefore,
we are of the opinion that appellant waived the right to 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, and 44.3. Accordingly, this case is dismissed for want of
jurisdiction.
YSMAEL D. FONSECA
Justice
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed on the
1st day of October, 2026.
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