Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-26-00211-CR
Jose Gerardo RODRIGUEZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 198th Judicial District Court, Kerr County, Texas
Trial Court No. B2342
Honorable M. Patrick Maguire, Judge Presiding
PER CURIAM
Sitting: Lori I. Valenzuela, Justice
Lori Massey Brissette, Justice
Adrian A. Spears II, Justice
Delivered and Filed: August 12, 2026
DISMISSED
Appellant Jose Gerardo Rodriguez was indicted on two counts of aggravated sexual assault
of a child. Rodriguez and the State entered into a plea agreement, whereby Rodriguez agreed to
enter an open plea of guilty to the charged offenses. On October 24, 2025, the trial court accepted
Rodriguez’s guilty plea. On February 18, 2026, the trial court imposed two life sentences to run
concurrently. The trial court’s Certification of Defendant’s Right of Appeal states this “is a plea04-26-00211-CR
bargain case, and the defendant has NO right of appeal.” See TEX. R. APP. P. 25.2(a)(2). The
certification also states, “the defendant has waived the right of appeal.”
The clerk’s record does not contain an agreed punishment recommendation from the State.
Accordingly, this is not a plea-bargain case as defined by Rule 25.2. See id. (defining “a plea
bargain case” as one “in which a defendant’s plea was guilty or nolo contendere and the
punishment did not exceed the punishment recommended by the prosecutor and agreed to by the
defendant”); Dresner v. State, No. 03-24-00214-CR, 2024 WL 3879953, at *3 (Tex. App.—Austin
Aug. 21, 2024, no pet.) (mem. op., not designated for publication).
However, “[a] valid waiver of the right to appeal prevents a defendant from appealing any
issue without the trial court’s permission.” Dresner, 2024 WL 3879953, at *4. Here, the reporter’s
record shows that the State agreed to dismiss charges brought against Rodriguez in other cause
numbers in exchange for his guilty plea to the two counts in this case. Additionally, the written
“Plea of Guilty, Waivers, and Admonishments” that Rodriguez signed indicates that he understood
that “[i]f there is no plea bargain, then all non-jurisdictional defects are waived, and [Rodriguez]
will have no right to appeal except on jurisdictional matters.” Nothing in the record indicates that
the trial court granted Rodriguez permission to appeal or that there are any jurisdictional defects
in this case. See id. The record therefore appears to support the trial court’s certification that
Rodriguez waived his right to appeal.
Accordingly, on June 26, 2026, we notified Rodriguez that this appeal would be dismissed
pursuant to Texas Rule of Appellate Procedure 25.2(d) unless an amended trial court certification
that shows he has the right of appeal was made part of the appellate record by July 27, 2026. See
TEX. R. APP. P. 25.2(d), 37.1; see also Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005);
Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, no pet.).
-2-04-26-00211-CR
Rodriguez did not respond to our order, and no amended trial court certification has been
filed. We therefore dismiss this appeal.
PER CURIAM
DO NOT PUBLISH
-3-