Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-21-00202-CR
Darrel Keith PEAVY,
Appellant
v.
The STATE of Texas,
Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2019CR11517
Honorable Stephanie R. Boyd, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Chief Justice
Liza A. Rodriguez, Justice
Lori I. Valenzuela, Justice
Delivered and Filed: July 28, 2021
DISMISSED
Pursuant to a plea-bargain agreement, Darrel Keith Peavy pled nolo contendere to
aggravated assault with a deadly weapon and was sentenced to six years of imprisonment in
accordance with the terms of his plea-bargain agreement. The trial court’s certification of
defendant’s right to appeal states that this “is a plea-bargain case, and the defendant has NO right
of appeal.” See TEX. R. APP. P. 25.2(a)(2). After Peavy filed a notice of appeal, the trial court clerk
sent copies of the certification and notice of appeal to this court. See id. 25.2(e). The clerk’s record,
which includes the trial court’s Rule 25.2(a)(2) certification, has been filed. See id. 25.2(d).
04-21-00202-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 Peavy.
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 Peavy 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).
On May 24, 2021, we informed appellant that this appeal would be dismissed pursuant to
Texas Rule of Appellate Procedure 25.2(d) unless an amended trial court certification showing
that he had the right to appeal was made part of the appellate record by June 23, 2021. 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.
PER CURIAM
DO NOT PUBLISH
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