CourtListener 10763883•Noah Castillo v. the State of Texas
Texto completo
Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-25-00695-CR
Noah CASTILLO,
Appellant
v.
The STATE of Texas,
Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2025-CR-005604
Honorable Stephanie R. Boyd, Judge Presiding
PER CURIAM
Sitting: Irene Rios, Justice
Lori I. Valenzuela, Justice
Lori Massey Brissette, Justice
Delivered and Filed: December 23, 2025
DISMISSED
Pursuant to a plea-bargain agreement, appellant Noah Castillo pled no contest to one count
of evading arrest with a vehicle and, in accordance with the terms of his plea-bargain agreement,
was placed on deferred adjudication community supervision for five years. On September 15,
2025, the trial court signed a certification of defendant’s right to appeal stating “the defendant has
waived the right of appeal” and this “is a plea-bargain case, and the defendant has NO right of
appeal.” See TEX. R. APP. P. 25.2(a)(2). After Castillo filed a notice of appeal, the trial court clerk
04-25-00695-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 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 Castillo.
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 Castillo 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).
On November 24, 2025, we informed Castillo that this appeal would be dismissed pursuant
to Rule 25.2(d) of the Texas Rules of Appellate Procedure unless an amended trial court
certification showing that Castillo has 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, 177 (Tex. App.—San
Antonio 2003, no pet.). To date, Castillo has not responded to our order and no such amended
trial court certification has been filed. Therefore, this appeal is dismissed pursuant to Rule 25.2(d)
of the Texas Rules of Appellate Procedure.
PER CURIAM
DO NOT PUBLISH
-2-
Continue sua pesquisa no ChatGPT ou Claude
Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.