Broderick J. Berry v. State

• Court: Court of Appeals of Texas
• Decided: April 9, 2020
• Docket: 02-19-00300-CR
• Status: Published

Opinion

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

No. 02-19-00300-CR ___________________________

BRODERICK J. BERRY, Appellant

V.

THE STATE OF TEXAS

On Appeal from Criminal District Court No. 1 Tarrant County, Texas Trial Court No. 1532383D

Before Birdwell, Bassel, and Womack, JJ. Per Curiam Memorandum Opinion MEMORANDUM OPINION

After a jury found Broderick J. Berry guilty of failing to comply with sex-

offender-registration requirements, 1 he entered into a plea bargain with the State for a

ten-year sentence. The plea paperwork included a waiver of the right of appeal. The

trial judge sentenced Berry in accordance with the plea bargain. Although Berry was

represented by appointed counsel, he filed a pro se notice of appeal from the trial

court’s judgment.

The trial court’s certification of Berry’s right of appeal shows that the case “is a

plea-bargain case” with “NO right of appeal” and that Berry waived the right of

appeal. See Tex. R. App. P. 25.2(a)(2). The trial court’s judgment states, “APPEAL

WAIVED, NO PERMISSION TO APPEAL GRANTED.”

After a defendant has been found guilty of committing an offense, he may

waive his right to appeal in exchange for a recommended sentence. See Blanco v. State,

18 S.W.3d 218, 219–20 (Tex. Crim. App. 2000). Such a waiver warrants dismissal of

any appeal. See id. Although we informed Berry and his trial counsel of our concern

that the judgment is not appealable, we have received no response. Thus, we dismiss

the appeal. See Tex. R. App. P. 25.2(d), 43.2(f); see also Blanco, 18 S.W.3d at 219–20;

Brundage v. State, No. 04-19-00060-CR, 2019 WL 2194077, at *1 (Tex. App.—

1 The offense is a third degree felony with a punishment range of two to ten years’ confinement, but Berry had pleaded true to an enhancement paragraph, so the maximum punishment he faced was twenty years’ confinement. See Tex. Code Crim. Proc. Ann. art. 62.102(b)(2); Tex. Penal Code Ann. §§ 12.33(a), 12.34(a), 12.42(a).

2 San Antonio May 22, 2019, no pet.) (mem. op., not designated for publication)

(per curiam); Andrews v. State, Nos. 02-12-00136-CR, 02-12-00137-CR, 2012 WL

1868736, at *1 & n.2 (Tex. App.—Fort Worth May 24, 2012, no pet.) (mem. op., not

designated for publication) (per curiam).

Per Curiam

Do Not Publish Tex.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

Delivered: April 9, 2020