Samuel San Miguel v. the State of Texas ( 2023 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-23-00198-CR
SAMUEL SAN MIGUEL, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 154th District Court
Lamb County, Texas
Trial Court No. DCR-6293-22, Honorable Scott A. Say, Presiding
August 15, 2023
MEMORANDUM OPINION
Before QUINN, C.J., and DOSS and YARBROUGH, JJ.
Pursuant to a plea bargain agreement, Appellant, Samuel San Miguel, was
convicted of attempted possession of a prohibited substance in a civil commitment facility 1
and sentenced to one hundred and seventy-five days’ confinement in Lamb County Jail.
The trial court’s certification of Appellant’s right of appeal reflects that this is a plea bargain
case from which Appellant has no right of appeal. The certification comports with the
1 See TEX. PENAL CODE ANN. § 38.11(g).
record before the Court. Notwithstanding the certification, Appellant filed a notice of
appeal, pro se, challenging his conviction.
We are required by Texas Rule of Appellate Procedure 25.2(d) to dismiss an
appeal “if a certification that shows the defendant has the right of appeal has not been
made part of the record.” By letter of July 28, 2023, we notified Appellant of the
consequences of the trial court’s certification and directed him to show grounds for
continuing the appeal. Appellant filed a response but has failed to demonstrate a right to
appeal his conviction.
Accordingly, we dismiss the appeal based on the trial court’s certification. See
TEX. R. APP. P. 25.2(d).
Per Curiam
Do not publish.
2