Dontre La Ron Nestle v. the State of Texas ( 2024 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-24-00234-CR
Dontre La Ron NESTLE,
Appellant
v.
The STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2023CR4331
Honorable Michael E. Mery, Judge Presiding
PER CURIAM
Sitting: Liza A. Rodriguez, Justice
Lori I. Valenzuela, Justice
Lori Massey Brissette, Justice
Delivered and Filed: November 20, 2024
DISMISSED
Pursuant to a plea-bargain agreement, Dontre La Ron Nestle pled nolo contendere to
aggravated assault with a deadly weapon and was sentenced to twenty years in prison in
accordance with the terms of his plea-bargain agreement. On July 16, 2024, 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). The clerk’s record, which
includes the trial court’s certification, has been filed. See id. 25.2(d).
04-24-00234-CR
“In a plea bargain case . . . 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.” Id.
25.2(a)(2). 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 Nestle. 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.
Thus, the trial court’s certification appears to accurately reflect that this is a plea-bargain case
and that Nestle 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).
We informed Nestle that this appeal would be dismissed pursuant to Texas Rule of
Appellate Procedure 25.2(d) unless an amended trial court certification showing that Nestle had
the right to appeal was made part of the appellate record. See TEX. R. APP. P. 25.2(d), 37.1;
Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, order). No such amended trial
court certification has been filed. Therefore, this appeal is dismissed pursuant to Rule 25.2(d).
PER CURIAM
DO NOT PUBLISH
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