What did the court decide?

The court dismissed the appeal because the trial court certified that, as a plea-bargain case, the defendant had no right to appeal and the record contained no exception allowing an appeal.

Who is affected by this decision?

The decision affects Gil Rojas III, whose appeal is dismissed; it does not address the merits of his conviction or sentence.

What happens next for the defendant?

Because the appeal was dismissed, the trial-court judgment and sentence from the plea bargain remain in effect unless the defendant obtains an amended certification, files a permitted post-conviction challenge, or pursues other available remedies such as a habeas petition.

Could this dismissal be appealed further?

A dismissal for lack of appellate jurisdiction is a final action by the court of appeals in this matter; options are limited and would typically involve seeking post-conviction relief or, in rare circumstances, requesting the trial court to issue an amended certification allowing an appeal.

Gil Rojas III v. the State of Texas

Docket 04-25-00670-CR

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

OtherDismissed

Filed: Apr 8, 2026 · 3 weeks ago
Jurisdiction: Texas
Court: Texas Court of Appeals, 4th District (San Antonio)
Type: Lead Opinion
Case type: Other
Disposition: Dismissed
Docket: 04-25-00670-CR

Appeal from a criminal conviction following a plea-bargain in the 437th Judicial District Court, Bexar County, Texas

Summary

The court dismissed Gil Rojas III’s appeal because his conviction and thirty-year sentence resulted from a plea-bargain in which the trial court certified he had no right to appeal. The appellate clerk’s record contained the Rule 25.2(a)(2) certification and the written plea agreement showing the sentence did not exceed the agreed recommendation. Because the record contained no pretrial written motion preserved for appeal, no trial-court permission to appeal, and no amended certification granting appeal rights, the court concluded it must dismiss the appeal under Texas Rule of Appellate Procedure 25.2(d).

Issues Decided

Whether an appellant may proceed with an appeal when the trial court has certified in a plea-bargain case that the defendant has no right of appeal under Texas Rule of Appellate Procedure 25.2(a)(2).
Whether the clerk’s record contains a written pretrial motion ruled on, trial-court permission to appeal, or an amended certification that would preserve appellate rights despite a plea bargain.

Court's Reasoning

Texas Rule of Appellate Procedure 25.2(a)(2) limits appeals in plea-bargain cases to specified circumstances: preserved written pretrial motions, trial-court permission, or statutory authorization. The clerk’s record included the written plea agreement showing the sentence matched the agreed recommendation and the trial court’s certification stating the defendant had no right to appeal. Because there was no written pretrial motion, no permission to appeal, and no amended certification granting appeal rights, the rule required dismissal of the appeal.

Authorities Cited

Texas Rule of Appellate Procedure 25.2TEX. R. APP. P. 25.2(a)(2), 25.2(d)
Texas Rule of Appellate Procedure 37.1TEX. R. APP. P. 37.1
Daniels v. State110 S.W.3d 174 (Tex. App.—San Antonio 2003, order)

Parties

Appellant: Gil Rojas III
Appellee: The State of Texas
Judge: Honorable Joel Perez

Key Dates

Trial Court Case Number: 2025-01-01
Trial Court Certification Signed: 2025-09-30
Appellate Decision Filed: 2026-04-08

What You Should Do Next

1
Request amended trial-court certification
If there is a reasonable basis to claim a right to appeal (for example, a written pretrial motion was filed), the defendant should ask the trial court to issue an amended certification showing the right to appeal and have it included in the appellate record.
2
Consult defense counsel about collateral relief
Speak with an attorney about whether post-conviction remedies such as a state habeas application or federal habeas petition are appropriate given the plea-bargain posture.
3
Review record for preserved issues
Have counsel review the trial record to confirm whether any pretrial written motions were filed and ruled upon or whether any statutory ground for appeal exists that could support reopening appellate review.

Frequently Asked Questions

What did the court decide?: The court dismissed the appeal because the trial court certified that, as a plea-bargain case, the defendant had no right to appeal and the record contained no exception allowing an appeal.
Who is affected by this decision?: The decision affects Gil Rojas III, whose appeal is dismissed; it does not address the merits of his conviction or sentence.
What happens next for the defendant?: Because the appeal was dismissed, the trial-court judgment and sentence from the plea bargain remain in effect unless the defendant obtains an amended certification, files a permitted post-conviction challenge, or pursues other available remedies such as a habeas petition.
Could this dismissal be appealed further?: A dismissal for lack of appellate jurisdiction is a final action by the court of appeals in this matter; options are limited and would typically involve seeking post-conviction relief or, in rare circumstances, requesting the trial court to issue an amended certification allowing an appeal.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-25-00670-CR

Gil ROJAS III,
Appellant

The STATE of Texas,
Appellee

From the 437th Judicial District Court, Bexar County, Texas
Trial Court No. 2025-CR-000036
Honorable Joel Perez, Judge Presiding

PER CURIAM

Sitting: Adrian A. Spears II, Justice
H. Todd McCray, Justice
Velia J. Meza, Justice

Delivered and Filed: April 8, 2026

DISMISSED

Pursuant to a plea-bargain agreement, Gil Rojas III pled nolo contendere to aggravated

robbery and was sentenced to thirty years of imprisonment in accordance with the terms of his

plea-bargain agreement. On September 30, 2025, the trial court signed a certification of

defendant’s right to appeal stating 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 Rojas 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
04-25-00670-CR

clerk’s record, which includes the trial court’s Rule 25.2(a)(2) certification, has been filed. See

id. 25.2(d).

“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 Rojas. 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 Rojas 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).

We informed Rojas 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. 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 pursuant to Rule 25.2(d).

PER CURIAM

DO NOT PUBLISH

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