David Peralez v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: December 8, 2023
• Docket: 07-23-00419-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-23-00419-CR

DAVID PERALEZ, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 140th District Court Lubbock County, Texas Trial Court No. DC-2023-CR-1031, Honorable Douglas H. Freitag, Presiding

December 8, 2023 MEMORANDUM OPINION Before QUINN, C.J., and DOSS and YARBROUGH, JJ.

Pursuant to a plea bargain agreement, Appellant, David Peralez, was convicted of

fraudulent use or possession of credit card or debit card information 1 and sentenced to

one hundred and seventy-four days confinement in the Lubbock County Jail. The trial

court’s certification of Appellant’s right of appeal reflects that this is a plea bargain case

from which Appellant has no right of appeal. The certification comports with the record

1 See TEX. PENAL CODE ANN. § 32.315(e)(1). before the Court. Notwithstanding the certification, Appellant filed a notice of appeal, pro

se, challenging his conviction.

We are required by Rule of Appellate Procedure 25.2(d) to dismiss an appeal “if a

certification that shows the defendant has the right of appeal has not been made part of

the record.” By letter of November 7, 2023, we notified Appellant of the consequences of

the trial court’s certification and directed him to show grounds for continuing the appeal.

Appellant filed a response but has failed to demonstrate a right to appeal his conviction.

Accordingly, we dismiss the appeal based on the trial court’s certification. See

TEX. R. APP. P. 25.2(d).

Per Curiam

Do not publish.