Bennie Ray Johnson v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 6, 2021
• Docket: 09-21-00246-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-21-00246-CR __________________

BENNIE RAY JOHNSON, Appellant

V.

THE STATE OF TEXAS, Appellee

__________________________________________________________________

On Appeal from the 221st District Court Montgomery County, Texas Trial Cause No. 19-07-09863-CR __________________________________________________________________

MEMORANDUM OPINION

On August 9, 2021, the trial court sentenced Bennie Ray Johnson, Appellant,

on a conviction for burglary of a habitation. Johnson filed a notice of appeal on

August 23, 2021. The trial court entered a certification of the defendant’s right to

appeal in which the court certified that this is a plea-bargain case and the defendant

has no right of appeal. See Tex. R. App. P. 25.2(a)(2). The district clerk has provided

the trial court’s certification to the Court of Appeals.

1 On August 25, 2021, we sent a letter that notified the parties that we would

dismiss the appeal unless within fifteen days the appellant filed a response that

established the certification from the trial court is incorrect. We have not received a

response from the appellant to our letter. Because the record does not contain a

certification that shows Johnson has the right of appeal, we must dismiss the appeal.

See Tex. R. App. P. 25.2(d). Accordingly, we dismiss the appeal.

APPEAL DISMISSED.

PER CURIAM

Submitted on October 5, 2021 Opinion Delivered October 6, 2021 Do Not Publish

Before Golemon, C.J., Kreger and Johnson, JJ.