Apolinar Rivera, Jr. v. the State of Texas

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-25-00470-CR

Apolinar RIVERA, Jr.,
Appellant

v.

The STATE of Texas,
Appellee

From the 437th Judicial District Court, Bexar County, Texas
Trial Court No. 2022-CR-10462A
Honorable Joel Perez, Judge Presiding

PER CURIAM

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

Delivered and Filed: October 29, 2025

DISMISSED

Pursuant to a plea-bargain agreement, Apolinar Rivera Jr. 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 June 25, 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 Rivera filed a notice of appeal, the trial court clerk
04-25-00470-CR

sent copies of the certification and notice of appeal to this court. See id. 25.2(e). The 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 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 Rivera 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 Rivera 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DO NOT PUBLISH

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