Brenton Autwavious Smith v. the State of Texas

• Court: Texas Court of Appeals, 2nd District (Fort Worth)
• Decided: April 23, 2026
• Docket: 02-26-00064-CR
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________

No. 02-26-00064-CR ___________________________

BRENTON AUTWAVIOUS SMITH, Appellant

V.

THE STATE OF TEXAS

On Appeal from the 432nd District Court Tarrant County, Texas Trial Court No. 1803472

Before Sudderth, C.J.; Kerr and Birdwell, JJ. Memorandum Opinion by Chief Justice Sudderth MEMORANDUM OPINION

Appellant Brenton Autwavious Smith attempts to appeal from his murder

conviction. But the trial court has certified that this “is a plea[ ]bargain case, and the

defendant has NO right of appeal.”1 See Tex. R. App. P. 25.2(a)(2), (d) (requiring the

trial court to enter a certification clarifying the defendant’s right of appeal). And

when, as here, “a certification that shows the defendant has the right of appeal has not

been made part of the record,” the appeal “must be dismissed.” Tex. R. App. P.

25.2(d).

We called this issue to Smith’s attention, and we gave him a month to show

grounds for continuing his appeal. See Tex. R. App. P. 44.3. But more than a month

has passed, and Smith has not responded.

Thus, “in accordance with the trial court’s certification, we dismiss [the]

appeal.” Dingler v. State, No. 02-25-00458-CR, 2026 WL 253445, at *1 (Tex. App.—

Fort Worth Jan. 30, 2026, no pet.) (per curiam) (mem. op., not designated for

publication) (dismissing similar appeal based on identical trial court certification of

“plea[ ]bargain case, [in which] the defendant ha[d] NO right of appeal”); Joseph v.

State, No. 02-25-00335-CR, 2025 WL 2942406, at *1 (Tex. App.—Fort Worth Oct.

Generally, in a plea bargain case, a defendant has a limited right of appeal. See 1

Tex. Code Crim. Proc. Ann. art. 44.02; Tex. R. App. P. 25.2(a)(2). However, Smith’s signed plea bargain paperwork confirms that he “waive[d] all rights of appeal.”

2 16, 2025, no pet.) (mem. op., not designated for publication) (same); see Tex. R. App.

P. 25.2(d), 43.2(f).

/s/ Bonnie Sudderth

Bonnie Sudderth Chief Justice

Do Not Publish Tex.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

Delivered: April 23, 2026