Marcos Palomo v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: December 23, 2025
• Docket: 08-25-00294-CR
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS ————————————

No. 08-25-00294-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-19-204940

M E MO RA N D UM O PI NI O N Appellant, Marcos Palomo, attempts to appeal the judgment adjudicating his guilt of the

third-degree felony of tampering with or fabricating physical evidence. Tex. Penal Code Ann.

§ 37.09(c). Because the trial court’s certification of the defendant’s right of appeal reflects that

Palomo has no right of appeal, we dismiss. 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(Do Not Publish)