Gil Rojas III v. the State of Texas

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-25-00670-CR

Gil ROJAS III,
Appellant

v.

The STATE of Texas,
Appellee

From the 437th Judicial District Court, Bexar County, Texas
Trial Court No. 2025-CR-000036
Honorable Joel Perez, Judge Presiding

PER CURIAM

Sitting: Adrian A. Spears II, Justice
H. Todd McCray, Justice
Velia J. Meza, Justice

Delivered and Filed: April 8, 2026

DISMISSED

Pursuant to a plea-bargain agreement, Gil Rojas III pled nolo contendere to aggravated

robbery and was sentenced to thirty years of imprisonment in accordance with the terms of his

plea-bargain agreement. On September 30, 2025, the trial court 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 Rojas filed a notice of appeal, the trial

court clerk sent copies of the certification and notice of appeal to this court. See id. 25.2(e). The
04-25-00670-CR

clerk’s record, which includes the trial court’s Rule 25.2(a)(2) certification, has been filed. See

id. 25.2(d).

“In a plea bargain case . . . a defendant may appeal only: (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.” Id.

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 Rojas. See id. The clerk’s record does not include a written motion filed and ruled

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

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

and that Rojas 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.” Id. 25.2(d).

We informed Rojas that this appeal would be dismissed pursuant to Texas Rule of

Appellate Procedure 25.2(d) unless an amended trial court certification showing that he had the

right to appeal was made part of the appellate record. See TEX. R. APP. P. 25.2(d), 37.1; Daniels

v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, order). No such amended trial court

certification has been filed. Therefore, this appeal is dismissed pursuant to Rule 25.2(d).

PER CURIAM

DO NOT PUBLISH

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