Date: 01-30-2017

Case Style:

Case Number: 08-16-00112-CR

Judge: Ann Crawford McClure

Court: David Pilar Rodriguez v. The State of Texas

Plaintiff's Attorney:

Hon. Jaime E. Esparza

Defendant's Attorney:

Francisco Macias

Description: David Pilar Rodriguez attempts to appeal his conviction of indecency with a child,
enhanced by two prior felony convictions. Appellant waived his right to a jury and entered a
negotiated guilty plea. The trial court followed the plea bargain and assessed Appellant’s
punishment in accordance with the plea agreement at imprisonment for a term of forty years.
We dismiss the appeal because the trial court’s certification reflects that Appellant waived his
right to appeal.
An appeal must be dismissed unless a trial court’s certification showing that the
defendant has the right of appeal has been made part of the record. TEX.R.APP.P. 25.2(d). The
trial court’s certification states that “the defendant has waived the right of appeal.” We notified
Appellant’s counsel that the trial court's certification showed that Appellant waived his right of
appeal and asked him to file a response. Counsel filed a detailed response explaining that
Appellant entered a negotiated guilty plea and waived the right of appeal. We have reviewed the
record and find that the record supports the trial court’s certification that Appellant waived the
right of appeal

Outcome: