Samuel Perkins v. the State of Texas

• Court: Texas Court of Appeals, 4th District (San Antonio)
• Decided: February 11, 2026
• Docket: 04-25-00621-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION Nos. 04-25-00620-CR, 04-25-00621-CR

Samuel PERKINS, Appellant

v.

The STATE of Texas, Appellee

From the 226th Judicial District Court, Bexar County, Texas Trial Court Nos. 2025-CR-004671, 2025-CR-004672 Honorable Benjamin Robertson, Judge Presiding

PER CURIAM

Sitting: Irene Rios, Justice Lori I. Valenzuela, Justice Lori Massey Brissette, Justice

Delivered and Filed: February 11, 2026

DISMISSED FOR LACK OF JURISDICTION

Appellant filed a pro se notice of appeal on September 18, 2025, purporting to appeal “from

[a] Negotiated Plea.” Thereafter, the trial court clerk filed the clerk’s record. The clerk’s record

contains neither a negotiated plea, final judgment of conviction, nor an order on appellant’s pretrial

writ of habeas corpus. It also does not include a certification of appellant’s right of appeal. See

TEX. R. APP. P. 25.2(a)(2), (d). 04-25-00620-CR, 04-25-00621-CR

Appeals by defendants in criminal cases “are permitted only when they are specifically

authorized by statute.” State ex rel. Lykos v. Fine, 330 S.W.3d 904, 915 (Tex. Crim. App. 2011).

The “standard to determine whether an appellate court has jurisdiction to hear and determine a

case ‘is not whether the appeal is precluded by law, but whether the appeal is authorized by law.’”

Blanton v. State, 369 S.W.3d 894, 902 (Tex. Crim. App. 2012) (quoting Abbott v. State, 271

S.W.3d 694, 696–97 (Tex. Crim. App. 2008)). We have jurisdiction to consider an appeal filed

by a criminal defendant after a final judgment of conviction. See Zamarripa v. State, No. 04-16-

00274-CR, 2016 WL 3085932, at *1 (Tex. App.—San Antonio June 1, 2016, no pet.) (mem. op.,

not designated for publication) (citing TEX. CODE CRIM. PROC. art. 44.02). We also have

jurisdiction to consider an appeal from the denial of a pretrial application for writ of habeas corpus

asserting excessive bond. See Ex parte Garces, No. 04-11-00015-CR, 2011 WL 2150345, at *1

(Tex. App.—San Antonio June 1, 2011, no pet.) (mem. op., not designated for publication). Here,

however, the clerk’s record does not include either a judgment of conviction or an order denying

appellant’s pre-trial writ of habeas corpus.

Moreover, Rule 25.2(d) of the Texas Rules of Appellate Procedure provides: “The appeal

must be dismissed if a certification that shows the defendant has a right of appeal has not been

made part of the record under these rules.” TEX. R. APP. P. 25.2(d).

Because there was no appealable order in the record, we ordered appellant to show cause,

on or before December 29, 2025, why this appeal should not be dismissed for lack of jurisdiction.

To date, we have not received a response to our show cause order. Accordingly, this appeal is

dismissed for lack of jurisdiction.

DO NOT PUBLISH

-2-