Alan Perez v. the State of Texas ( 2023 )

Fourth Court of Appeals
San Antonio, Texas
January 10, 2023
No. 04-22-00655-CR
Alan PEREZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2020CR0224
Honorable Michael E. Mery, Judge Presiding
ORDER
Appellant Alan Perez and the State entered into a plea-bargain agreement under which
appellant pleaded “true” to the allegations in the motion to adjudicate in exchange for the State’s
sentencing recommendation of five years’ imprisonment. The trial court sentenced Perez in
accordance with the agreement and signed a certificate stating this “is a plea-bargain case, and
the defendant has NO right of appeal” and “the defendant has waived the right of appeal.” See
TEX. R. APP. P. 25.2(a)(2). Appellant filed a notice of appeal, and the district clerk filed a copy of
the clerk’s record, which includes the trial court’s Rule 25.2(a)(2) certification. See id. R.
25.2(d). 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.” Id.
Here, the clerk’s record and the reporter’s record of the motion to revoke hearing
establish the punishment assessed by the trial court does not exceed the punishment
recommended by the prosecutor and agreed to by the defendant. See id. R. 25.2(a)(2). The
records also support the trial court’s certification that appellant does not have a right to appeal.
See Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (holding that court of appeals should
review clerk’s record to determine whether trial court’s certification is accurate).
Accordingly, appellant is given notice that this appeal will be dismissed pursuant to Rule
25.2(d) of the Texas Rules of Appellate Procedure unless an amended certification showing that
appellant has the right to appeal is made part of the appellate record by February 9, 2023. See
TEX. R. APP. P. 25.2(d), 37.1; Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003,
order), disp. on merits, No. 04-03-00176-CR, 2003 WL 21508347 (July 2, 2003, pet. ref’d) (not
designated for publication).
We ORDER all appellate deadlines suspended until further order of the court. We
further ORDER the clerk of this court to serve copies of this order on the attorneys of record and
the court reporter.
_________________________________
Beth Watkins, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 10th day of January, 2023.
___________________________________
MICHAEL A. CRUZ, Clerk of Court