Jerry Villarreal v. The State of TexasAppeal from 226th Judicial District Court of Bexar County (memorandum opinion per curiam)

 Annotate this Case
Download PDF
Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00163-CR Jerry VILLARREAL, Appellant v. The State of The STATE of Texas, Appellee From the 226th Judicial District Court, Bexar County, Texas Trial Court No. 2012CR10521W Honorable Dick Alcala, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Justice Marialyn Barnard, Justice Rebeca C. Martinez, Justice Delivered and Filed: May 15, 2013 DISMISSED Pursuant to a plea bargain agreement, appellant pled nolo contendere to aggravated assault with a deadly weapon. The trial court imposed sentence and signed a certification of defendant s right to appeal stating that this is a plea-bargain case, and the defendant has NO right of appeal. See TEX. R. APP. P. 25.2(a)(2). After appellant filed his notice of appeal, the court clerk sent a copy of the certification to this court. See TEX. R. APP. P. 25.2(e). The clerk s record contains a written plea bargain agreement, and the punishment assessed did not exceed the punishment recommended by the State and agreed to by the 04-13-00163-CR appellant; therefore, the trial court s certification accurately reflects that appellant s case is a plea bargain case and he does not have a right of appeal. See TEX. R. APP. P. 25.2(a)(2). Rule 25.2(d) provides, The appeal must be dismissed if a certification that shows the defendant has the right of appeal has not been made part of the record under these rules. TEX. R. APP. P. 25.2(d). Accordingly, on March 25, 2013, this court issued an order stating this appeal would be dismissed pursuant to Rule 25.2(d) unless an amended trial court certification that shows appellant has the right of appeal was made part of the appellate record. See Daniels v. State,110 S.W.3d 174 (Tex. App. San Antonio 2003, order); TEX. R. APP. P. 25.2(d); 37.1. No amended trial court certification has been filed; therefore, this appeal is dismissed. PER CURIAM Do not publish -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.