Richard Vasquez v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 22, 2025
• Docket: 02-25-00073-CR
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________

No. 02-25-00073-CR ___________________________

RICHARD VASQUEZ, Appellant

V.

THE STATE OF TEXAS

On Appeal from Criminal District Court No. 4 Tarrant County, Texas Trial Court No. 1833898

Before Sudderth, C.J.; Kerr and Birdwell, JJ. Memorandum Opinion by Chief Justice Sudderth MEMORANDUM OPINION

After Appellant Richard Vasquez initiated this appeal from his conviction, he

filed a motion in the trial court to “withdraw[] his notice of appeal,”1 stating that he

had “decided to accept the judgment[] in this case and waive his right to appeal.”

[Capitalization altered.] In light of Vasquez’s decision, the trial court signed an

amended certification to reflect that “the defendant ha[d] waived the right of appeal.”

See Tex. R. App. P. 25.2(a)(2), (d) (requiring trial court to enter certification clarifying

the defendant’s right of appeal).

Because criminal appeals “must be dismissed 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), we informed Vasquez that we may dismiss his appeal unless, within ten

days, he showed grounds for continuing it, see Tex. R. App. P. 44.3. More than ten

days have passed, and Vasquez has not responded.

Accordingly, we dismiss this appeal. See Tex. R. App. P. 25.2(d), 43.2(f).

/s/ Bonnie Sudderth

Bonnie Sudderth Chief Justice Do Not Publish Tex. R. App. P. 47.2(b) Delivered: May 22, 2025

1 Vasquez did not file a motion to dismiss in this court. See Tex. R. App. P. 42.2(a) (authorizing an appellate court to dismiss a criminal appeal if the appellant files a compliant motion to dismiss “[a]t any time before the appellate court’s decision”).