Full Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-26-00675-CR Ruby Lea LUIS, Appellant v. The STATE of Texas, Appellee From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2026CR002096 Honorable Stephanie R. Boyd, Judge Presiding PER CURIAM Sitting: Rebeca C. Martinez, Chief Justice H. Todd McCray, Justice Velia J. Meza, Justice Delivered and Filed: September 23, 2026 DISMISSED FOR WANT OF JURISDICTION Pursuant to a plea-bargain agreement, appellant pleaded guilty to possession of a controlled substance and was sentenced to two years of confinement which was immediately suspended and appellant was placed on adjudicated community supervision for a period of two years. 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). 04-26-00675-CR Generally, in a plea bargain case, a defendant may appeal only: (1) those matters that were raised by written motion filed and ruled on before trial, (2) after getting the trial court’s permission to appeal, or (3) where the specific appeal is expressly authorized by statute. Id. 25.2(a)(2). See id. 25.2(a)(2)(A),(B),(C). 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 the defendant. 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. The trial court’s certification, therefore, appears to accurately reflect that this is a plea- bargain case and that appellant 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 September 1, 2026, we informed appellant 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 appellant has the right to appeal was made part of the appellate record by September 14, 2026. 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, no such amended certification has been made part of the appellate record. Accordingly, this appeal is DISMISSED pursuant to Rule 25.2(d) of the Texas Rules of Appellate Procedure. PER CURIAM DO NOT PUBLISH -2-