Jason Moses Perez, Jr v. the State of Texas

• Court: Texas Court of Appeals, 4th District (San Antonio)
• Decided: March 11, 2026
• Docket: 04-26-00037-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-26-00037-CR

Jason Moses PEREZ, Jr, Appellant

v.

The STATE of Texas, Appellee

From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2025-CR-005366 Honorable Lynn Ellison, Judge Presiding

PER CURIAM

Sitting: Lori Massey Brissette, Justice Adrian A. Spears II, Justice H. Todd McCray, Justice

Delivered and Filed: March 11, 2026

DISMISSED

Appellant Jason Moses Perez, Jr. seeks to appeal his judgment of conviction for the offense

of third-degree felony assault. The record shows Perez entered into a plea bargain with the State

pursuant to which he pled nolo contendere to the offense. “In a plea bargain case—that is, a case

in which a defendant’s plea was guilty or nolo contendere and the punishment did not exceed the

punishment recommended by the prosecutor and agreed to by the defendant—a defendant may

appeal only: (A) those matters that were raised by written motion filed and ruled on before trial, 04-26-00037-CR

(B) after getting the trial court’s permission to appeal; or (C) where the specific appeal is expressly

authorized by statute.” TEX. R. APP. 25.2(a)(2). The record establishes the punishment assessed by

the court does not exceed the punishment recommended by the prosecutor and agreed to by the

appellant, and appellant did not file any motions ruled on before trial. See id. Nor is the appeal

specifically authorized by statute. See id.

Furthermore, the record includes the trial court’s Rule 25.2(a)(2) certification stating “this

criminal case . . . is a plea-bargain case, and the defendant has NO right of appeal.” This court

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. R. 25.2(d). The record appears to support the trial court’s

certification that Perez 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).

Having reviewed the record, it appeared Perez did not have the right to appeal. We

therefore ordered Perez to show cause by filing a response by February 23, 2026, establishing an

amended certification showing he has the right to appeal has been made part of the appellate

record. See TEX. R. APP. P. 25.2(d), 37.1. We admonished appellant that if he failed to satisfactorily

respond to this order within the time provided, the appeal would be dismissed. Appellant has not

responded to our order and no supplemental clerk’s record has been filed with an amended

certification.

Accordingly, this appeal is dismissed.

DO NOT PUBLISH

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