David Peralez v. the State of Texas

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-23-00419-CR
DAVID PERALEZ, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 140th District Court
Lubbock County, Texas
Trial Court No. DC-2023-CR-1031, Honorable Douglas H. Freitag, Presiding
December 8, 2023
MEMORANDUM OPINION
Before QUINN, C.J., and DOSS and YARBROUGH, JJ.
Pursuant to a plea bargain agreement, Appellant, David Peralez, was convicted of
fraudulent use or possession of credit card or debit card information 1 and sentenced to
one hundred and seventy-four days confinement in the Lubbock 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 record
1 See TEX. PENAL CODE ANN. § 32.315(e)(1).
before the Court. Notwithstanding the certification, Appellant filed a notice of appeal, pro
se, challenging his conviction.
We are required by 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 November 7, 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Do not publish.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