Nestor Richard Padron, Jr. v. The State of Texas — Memorandum Opinion Per Curiam

Txctapp7

Texte intégral

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-26-00429-CR
NESTOR RICHARD PADRON, JR., APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 361st District Court
Brazos County, Texas
Trial Court No. 19-00807-CRF-361, Honorable David G. Hilburn, Presiding
October 16, 2026
MEMORANDUM OPINION
Before PARKER, C.J., and YARBROUGH and PRATT, JJ.
Appellant, Nestor Richard Padron, Jr., appeals his conviction for driving while
intoxicated1 and sentence to twenty-five years of confinement.2 Pending before the Court
is the State’s motion to dismiss the appeal because Appellant has no right of appeal.
1 See TEX. PENAL CODE § 49.09(b).
2 Originally appealed to the Tenth Court of Appeals, this appeal was transferred to this Court by the
Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE § 73.001.
2
Under Rule of Appellate Procedure 25.2(d), an appeal must be dismissed “if a
certification that shows the defendant has the right of appeal has not been made part of
the record.” 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 and that Appellant has
waived the right of appeal. The certification is consistent with the record before the Court.
By letter of September 11, 2026, Appellant was notified of the consequences of
the trial court’s certification and directed him to show grounds for continuing the appeal
by September 21, 2026. Appellant has not filed a response to date.
Accordingly, pursuant to Rule of Appellate Procedure 25.2(d), we grant the State’s
motion and dismiss the appeal based on the trial court’s certification.
The appeal is dismissed.
Per Curiam
Do not publish.

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