Akylon Kyle Benson v. the State of Texas

• Court: Texas Court of Appeals, 10th District (Waco)
• Decided: March 12, 2026
• Docket: 10-26-00059-CR
• Status: Published

Opinion

Court of Appeals Tenth Appellate District of Texas

10-26-00059-CR

Akylon Kyle Benson, Appellant

v.

The State of Texas, Appellee

On appeal from the 19th District Court of McLennan County, Texas Judge Thomas C. West, presiding Trial Court Cause No. 2025-379-C1

JUSTICE SMITH delivered the opinion of the Court.

MEMORANDUM OPINION

Akylon Kyle Benson attempts to appeal an order placing him on deferred

adjudication. The certificate of right of appeal signed by the trial court,

Benson, and Benson’s trial counsel indicates that this “is a plea-bargain case,

and the defendant has NO right of appeal.” By letter dated February 13, 2026,

the Clerk of this Court advised Benson that this appeal would be dismissed unless a response was received showing grounds for continuing the appeal. No

response has been received.

Because the trial court’s certification of right of appeal signed by Benson

indicates that Benson did not have the right to appeal, this appeal must be

dismissed. See TEX. R. APP. P. 25.2(d); ("The appeal must be dismissed if a

certification that shows the defendant has the right of appeal has not been

made a part of the record under these rules."); Monreal v. State, 99 S.W.3d 615,

622 (Tex. Crim. App. 2003).

Accordingly, this appeal is dismissed.

STEVE SMITH Justice

OPINION DELIVERED and FILED: March 12, 2026 Before Chief Justice Johnson, Justice Smith, and Justice Harris Appeal dismissed Do not publish CR25

Benson v. State Page 2