Stephen Kay Thorp, Jr. v. the State of Texas

• Court: Texas Court of Appeals, 4th District (San Antonio)
• Decided: April 8, 2026
• Docket: 04-26-00020-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-26-00020-CR

Stephen Kay THORP, Jr., Appellant

v.

The STATE of Texas, Appellee

From the 198th Judicial District Court, Kerr County, Texas Trial Court No. B23-619 Honorable M. Patrick Maguire, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice Irene Rios, Justice Lori I. Valenzuela, Justice

Delivered and Filed: April 8, 2026

DISMISSED

The trial court’s certification in this appeal states that this criminal case, “is a plea-bargain

case, and the defendant has NO right of appeal.” Rule 25.2(a)(2) of the Texas Rules of Appellate

Procedure provides:

In a plea bargain case—that is, a case in which a defendant’s plea was guilty or

nolo contendere and the punishment did not exceed the punishment recommended

by the prosecutor and agreed to by the defendant—a defendant may appeal only: 04-26-00020-CR

(A) those matters that were raised by written motion filed and ruled on before trial,

(B) after getting the trial court’s permission to appeal, or

(C) where the specific appeal is expressly authorized by statute.

TEX. R. APP. P. 25.2(a)(2).

The clerk’s record, which contains a written plea bargain, establishes the punishment

assessed by the court does not exceed the punishment recommended by the prosecutor and agreed

to by the defendant. See id. The clerk’s record does not include a written motion filed and ruled

upon before trial, nor does it indicate the trial court gave its permission to appeal. See id. Appellant

has not identified with this court any statute that expressly authorizes the specific appeal. See id.

The trial court’s certification, therefore, appears to accurately reflect that this is a plea-bargain case

and appellant does not have a right to appeal.

We 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). We issued an order stating

this appeal would be dismissed unless an amended trial court certification was made part of the

appellate record by March 5, 2026. See TEX. R. APP. P. 25.2(d); 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.).

No such amended trial court certification has been filed. Accordingly, this appeal is dismissed

pursuant to Rule 25.2(d).

DO NOT PUBLISH

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