CourtListener 10809475•Jason Moses Perez, Jr v. the State of Texas
Jason Moses Perez, Jr v. the State of Texas
CourtListener 10809475Txctapp411 de mar. de 2026
Texto completo
Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-26-00037-CR
Jason Moses PEREZ, Jr,
Appellant
v.
The STATE of Texas,
Appellee
From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2025-CR-005366
Honorable Lynn Ellison, Judge Presiding
PER CURIAM
Sitting: Lori Massey Brissette, Justice
Adrian A. Spears II, Justice
H. Todd McCray, Justice
Delivered and Filed: March 11, 2026
DISMISSED
Appellant Jason Moses Perez, Jr. seeks to appeal his judgment of conviction for the offense
of third-degree felony assault. The record shows Perez entered into a plea bargain with the State
pursuant to which he pled nolo contendere to the offense. “In a plea bargain case—that is, a case
in which a defendant’s plea was guilty or nolo contendere and the punishment did not exceed the
punishment recommended by the prosecutor and agreed to by the defendant—a defendant may
appeal only: (A) those matters that were raised by written motion filed and ruled on before trial,
04-26-00037-CR
(B) after getting the trial court’s permission to appeal; or (C) where the specific appeal is expressly
authorized by statute.” TEX. R. APP. 25.2(a)(2). The record establishes the punishment assessed by
the court does not exceed the punishment recommended by the prosecutor and agreed to by the
appellant, and appellant did not file any motions ruled on before trial. See id. Nor is the appeal
specifically authorized by statute. See id.
Furthermore, the record includes the trial court’s Rule 25.2(a)(2) certification stating “this
criminal case . . . is a plea-bargain case, and the defendant has NO right of appeal.” This court
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. R. 25.2(d). The record appears to support the trial court’s
certification that Perez 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).
Having reviewed the record, it appeared Perez did not have the right to appeal. We
therefore ordered Perez to show cause by filing a response by February 23, 2026, establishing an
amended certification showing he has the right to appeal has been made part of the appellate
record. See TEX. R. APP. P. 25.2(d), 37.1. We admonished appellant that if he failed to satisfactorily
respond to this order within the time provided, the appeal would be dismissed. Appellant has not
responded to our order and no supplemental clerk’s record has been filed with an amended
certification.
Accordingly, this appeal is dismissed.
PER CURIAM
DO NOT PUBLISH
-2-
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