Jaime Elizondo v. the State of Texas

CourtListener 10768576Txctapp1330 de dez. de 2025

Abrir fonte

Texto completo

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Do not publish.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.

2

Continue sua pesquisa no ChatGPT ou Claude

Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.