Billy Seay v. the State of Texas

Opinion

In the

Court of Appeals Second Appellate District of Texas at Fort Worth

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No. 02-26-00098-CR

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BILLY SEAY, Appellant V.

THE STATE OF TEXAS

On Appeal from the 432nd District Court Tarrant County, Texas Trial Court No. 1838333

Before Birdwell, Bassel, and Womack, JJ.

Per Curiam Memorandum Opinion

MEMORANDUM OPINION

Appellant Billy Seay attempts to appeal his conviction for manufacture or delivery of a controlled substance in penalty group one. See Tex. Health & Safety Code § 481.112(d). Pursuant to a charge bargain, Seay entered an open plea1 of guilty to that offense in exchange for the State’s agreeing to waive the deadly-weapon- finding and the habitual-offender enhancements contained in the indictment against him. This bargain is reflected in the trial court’s certification of defendant’s right of appeal, which was signed by Seay and his trial counsel and which states that this “is a plea-bargain case, and the defendant has NO right of appeal.” See Tex. R. App. P. 25.2(a)(2).

On March 24, 2026, we notified Seay that the trial court’s certification of his right of appeal states that this is a plea-bargain case and that he has no right of appeal. We warned Seay that unless he filed a response by April 23, 2026, showing grounds for continuing the appeal, it could be dismissed. See Tex. R. App. P. 25.2(d), 44.3. Seay did not file a response. We subsequently sent a letter to the parties informing them

1 The term “open plea” is often utilized to refer to a myriad of different types of pleas that a defendant might enter, but it is sometimes a misnomer. See Harper v. State, 567 S.W.3d 450, 454 (Tex. App.—Fort Worth 2019, no pet.) (discussing the term “open plea” and the various settings it has been used, interpreted, and reviewed and whether it should be used at all). Here, Seay entered his plea without the benefit of an agreement with the State regarding sentencing; his punishment was left for the trial court to decide. We use the term “open plea” only because that is how the plea is referred to in the trial court’s written plea admonishments and in the trial court’s judgment.

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that we “ha[d] decided to continue this appeal at th[at] time” and setting a deadline for the clerk’s record and the reporter’s record to be prepared and filed.

We have received and reviewed the appellate record, which confirms that this is a plea-bargain case. Accordingly, because Seay waived his right of appeal as part of his charge bargain and because he has not shown grounds for continuing the appeal, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f); Harper, 567 S.W.3d at 454.

Per Curiam

Do Not Publish Tex. R. App. P. 47.2(b)

Delivered: August 13, 2026