Marcos Palomo v. the State of Texas

Opinion

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

Pursuant to a plea agreement, Palomo waived his right to a jury and entered a guilty plea.

The trial court adopted the State’s recommendation and placed Palomo on deferred adjudication

community supervision for three years. The State later filed a motion to adjudicate, and Palomo

entered a plea of true and signed another waiver of his right to appeal from the adjudication.

The trial court’s certification, which is signed by the presiding judge, Palomo, and

Palomo’s counsel, states that Palomo has waived the right of appeal. The Clerk of this Court

notified Palomo that the trial court’s certification showed that he had waived his right to appeal

and requested a response addressing the issue. None was received. Because an appeal must be

dismissed if a certification showing that the defendant has the right of appeal has not been made

part of the record, we dismiss. Tex. R. App. P. 25.2(d)

MARIA SALAS MENDOZA, Chief Justice

December 23, 2025

Before Salas Mendoza, C.J., Palafox and Soto, JJ.

(Do Not Publish)

Footnotes

1. No. 08-25-00293-CR ———————————— Marcos Palomo, Appellant v. The State of Texas, Appellee On Appeal from the 167th District Court Travis County, Texas Trial Court No. D-1-DC-19-904039 M E MO RA N D UM O PI NI O N Appellant, Marcos Palomo, attempts to appeal a judgment adjudicating his guilt of evading arrest or detention with a vehicle. Tex. Penal Code Ann. § 38.04(b)(1)(B). Because the trial court’s certification of the defendant’s right of appeal reflects that Palomo has no right of appeal, we dismiss.