Alfonso Estrada v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: April 17, 2024
• Docket: 04-24-00119-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-24-00119-CR

Alfonso ESTRADA, Appellant

v.

The STATE of Texas, Appellee

From the 186th Judicial District Court, Bexar County, Texas Trial Court No. 2023CR1837 Honorable Kristina Escalona, Judge Presiding

PER CURIAM

Sitting: Beth Watkins, Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice

Delivered and Filed: April 17, 2024

DISMISSED

Appellant Alfonso Estrada Jr. entered into a plea bargain with the State pursuant to which

he pleaded guilty to the offense of possession of a controlled substance. The trial court imposed

sentence in accordance with the agreement and signed a certificate stating this “is a plea-bargain

case, and the defendant has NO right of appeal.” See TEX. R. APP. P. 25.2(a)(2). Appellant filed a

notice of appeal, and the district clerk filed a copy of the clerk’s record, which includes the trial

court’s Rule 25.2(a)(2) certification and a written plea bargain agreement. See id. R. 25.2(d). We 04-24-00119-CR

must dismiss an appeal “if a certification that shows the defendant has the right of appeal has not

been made part of the record.” Id.

Here, the clerk’s record establishes the punishment assessed by the trial court does not

exceed the punishment recommended by the prosecutor and agreed to by the defendant. See id. R.

25.2(a)(2). The record also supports the trial court’s certification that appellant does not have a

right to appeal. See Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (holding that court of

appeals should review clerk’s record to determine whether trial court’s certification is accurate).

On February 27, 2024, we issued an order notifying appellant that this appeal would be

dismissed pursuant to Rule 25.2(d) of the Texas Rules of Appellate Procedure unless an amended

certification showing that appellant has the right to appeal was made part of the appellate record

by March 28, 2024. See TEX. R. APP. P. 25.2(d), 37.1; Daniels v. State, 110 S.W.3d 174 (Tex.

App.—San Antonio 2003, order), disp. on merits, No. 04-03-00176-CR, 2003 WL 21508347 (July

2, 2003, pet. ref’d) (not designated for publication). Appellant did not respond to our order, and

no amended certification has been filed. Accordingly, we dismiss this appeal. See TEX. R. APP. P.

25.2(d).

DO NOT PUBLISH

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