Gabriel P. Salas v. the State of Texas ( 2024 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-24-00306-CR
___________________________
GABRIEL P. SALAS, Appellant
V.
THE STATE OF TEXAS
On Appeal from the 396th District Court
Tarrant County, Texas
Trial Court No. 1531338
Before Womack, Wallach, and Walker, JJ.
Memorandum Opinion by Justice Womack
MEMORANDUM OPINION
Appellant Gabriel P. Salas attempts to appeal his conviction for two counts of
obstruction or retaliation. See Tex. Penal Code Ann. § 36.06(c). Salas pled guilty to
those counts pursuant to a plea-bargain agreement, and the trial court sentenced him
in accordance with that agreement to ten years’ confinement on each count, to be
served concurrently. As part of his plea-bargain agreement, Salas waived his right to
appeal.
Consistent with Salas’s plea-bargain agreement, the trial court’s “Certification
of Defendant’s Right of Appeal” states that “the defendant has waived the right of
appeal” and that this “is a plea-bargain case, and the defendant has NO right of
appeal.” See Tex. R. App. P. 25.2(a)(2), (d). On August 28, 2024, we notified Salas of
the certification and warned him that we would dismiss the appeal unless we received
a response by September 9, 2024, showing grounds for continuing the appeal. See
Tex. R. App. P. 25.2(d), 44.3. While Salas filed a response, it does not show grounds
for continuing the appeal.1
In accordance with the trial court’s certification, we dismiss Salas’s appeal. See
Tex. R. App. P. 25.2(d), 43.2(f); see, e.g., Hubatch v. State, No. 02-22-00153-CR, 2022
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Salas’s substantive response consisted of the following one-sentence
statement: “Co-erced [sic] plea the District Attorney co-erced [sic] [Salas] to plea for
10 years serv [sic] he would be release[d] in 9 days.”
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WL 4105417, at *1 (Tex. App.—Fort Worth Sept. 8, 2022, no pet.) (mem. op., not
designated for publication).
/s/ Dana Womack
Dana Womack
Justice
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: October 3, 2024
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