Juan Gilberto Cedillo v. the State of Texas

• Court: Texas Court of Appeals, 4th District (San Antonio)
• Decided: May 20, 2026
• Docket: 04-26-00058-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-26-00058-CR

Juan Gilberto CEDILLO, Appellant

v.

The STATE of Texas, Appellee

From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2025CR010213 Honorable Miguel Najera, Judge Presiding

PER CURIAM

Sitting: Lori I. Valenzuela, Justice Lori Massey Brissette, Justice Adrian A. Spears II, Justice

Delivered and Filed: May 20, 2026

DISMISSED

Appellant pled nolo contendere to aggravated robbery and was sentenced within the terms

of a plea bargain. The trial court’s Certification of Defendant’s Right of Appeal in the record before

this court states this “is a plea-bargain case, and the defendant has NO right of appeal.” See TEX.

R. APP. P. 25.2(a)(2). The clerk’s record contains a written plea bargain and a written waiver of

appeal, and the punishment assessed did not exceed the punishment recommended by the 04-26-00058-CR

prosecutor and agreed to by appellant; therefore, the trial court’s certification accurately reflects

that appellant’s case is a plea bargain case, and appellant does not have a right of appeal. See id.

“In a plea bargain case . . . a defendant may appeal only: (A) those matters that were raised

by written motion filed and ruled on before trial, [or] (B) after getting the trial court's permission

to appeal[.]” Id. The clerk’s record does not indicate the trial court granted appellant permission

to 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.” TEX. R. APP. P. 25.2(d). Accordingly, on

February 2, 2026, we notified appellant that this appeal would be dismissed pursuant to Texas Rule

of Appellate Procedure 25.2(d) unless an amended trial court certification that shows appellant has

the right of appeal was made part of the appellate record by March 4, 2026. See TEX. R. APP. P.

25.2(d), 37.1; see also Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005); Daniels v. State,

110 S.W.3d 174 (Tex. App.—San Antonio 2003, no pet.).

Appellant did not respond to our order. We therefore dismiss this appeal.

DO NOT PUBLISH

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