Background
Nestor Richard Padron, Jr. appealed his conviction for driving while intoxicated and his sentence of 25 years’ confinement. The appeal arose from the 361st District Court in Brazos County and was transferred from the Tenth Court of Appeals to the Seventh Court of Appeals through the Texas Supreme Court’s docket-equalization process.
The trial court’s certification stated that Padron’s case was a plea-bargain case in which he had no right of appeal and that he had waived his right to appeal. The appellate court found the certification consistent with the record. After the court notified Padron of the certification’s consequences and directed him to show grounds for continuing the appeal, he filed no response.
The Court’s Holding
The Seventh Court of Appeals granted the State’s motion to dismiss. Applying Texas Rule of Appellate Procedure 25.2(d), the court explained that an appeal must be dismissed when the record does not contain a certification showing that the defendant has a right to appeal.
Because the certification showed both that Padron had no right to appeal from the plea-bargain case and that he had waived an appeal, and because the certification matched the appellate record, the court dismissed the appeal.
Key Takeaways
- A criminal appeal must be dismissed under Rule 25.2(d) when the record lacks a trial-court certification showing that the defendant has a right to appeal.
- Padron’s certification identified the prosecution as a plea-bargain case with no right of appeal and separately reflected an appeal waiver.
- Padron did not respond when given an opportunity to identify grounds for allowing the appeal to continue.
Why It Matters
The decision underscores that a defendant’s ability to appeal after a plea bargain depends on the trial court’s certification and the record supporting it. When the certification establishes that no appellate right exists and the defendant offers no basis to proceed, the appellate court must dismiss rather than reach the conviction or sentence on the merits.