Full Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-26-00586-CR John Edward WILSON, Appellant v. The STATE of Texas, Appellee From the 290th Judicial District Court, Bexar County, Texas Trial Court No. 2025-CR-013588 Honorable Raymond Angelini, Judge Presiding PER CURIAM Sitting: Lori I. Valenzuela, Justice Lori Massey Brissette, Justice Adrian A. Spears II, Justice Delivered and Filed: September 23, 2026 DISMISSED Appellant pled nolo contendere to sexual assault of a child and online solicitation of a minor and was sentenced pursuant to the terms of a plea bargain. Appellant filed a pro se notice of appeal. The trial court’s Certification of Defendant’s Right of Appeal states this “is a plea-bargain case, and the defendant has NO right of appeal.” See TEX. R. APP. P. 25.2(a)(2). The clerk’s record contains a written plea bargain, and the punishment assessed did not exceed the punishment 04-26-00586-CR recommended by the prosecutor and agreed to by appellant; therefore, the trial court’s certification accurately reflects that appellant’s case is a plea bargain case and appellant does not have a right of appeal. See id. “In a plea bargain 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, (B) after getting the trial court’s permission to appeal, or (C) where the specific appeal is expressly authorized by statute.” TEX. R. APP. P. 25.2(a)(2). The clerk’s record does not contain any written motion that was ruled on adversely to appellant before trial, nor does it indicate the trial court granted appellant permission to appeal. Additionally, nothing in the record establishes that this appeal is expressly authorized by statute. 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.” TEX. R. APP. P. 25.2(d). Accordingly, on August 17, 2026, we notified appellant that this appeal would be dismissed pursuant to Texas Rule of Appellate Procedure 25.2(d) unless an amended trial court certification that shows appellant has the right of appeal was made part of the appellate record by September 16, 2026. See TEX. R. APP. P. 25.2(d), 37.1; see also Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005); Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, no pet.). On September 16, 2026, appellant’s appointed counsel filed a response to our order. In his response, counsel represented that he had filed a motion requesting permission to appeal and that the trial court denied the motion. He further represented that after reviewing the record, he was “compelled to concede this Honorable court of appeals must dismiss the instant attempted appeal.” -2- 04-26-00586-CR Because a “certification that shows the defendant has the right of appeal has not been made part of the record,” we dismiss this appeal. See TEX. R. APP. P. 25.2(d). PER CURIAM DO NOT PUBLISH -3-