Cody Dale Rushing v. the State of Texas

• Court: Texas Court of Appeals, 2nd District (Fort Worth)
• Decided: May 21, 2026
• Docket: 02-26-00105-CR
• Status: Published

Opinion

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

No. 02-26-00105-CR ___________________________

CODY DALE RUSHING, Appellant

V.

THE STATE OF TEXAS

On Appeal from the 271st District Court Jack County, Texas Trial Court No. 5111

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

Appellant Cody Dale Rushing attempts to appeal from his burglary conviction.

The trial court has certified, however, 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).

We called this issue to Rushing’s attention and warned him that we could

dismiss his appeal unless, by April 9, 2026, he or another party showed grounds for

continuing it. See Tex. R. App. P. 25.2(d), 44.3. We have received no response.

Thus, in accordance with the trial court’s certification, we dismiss Rushing’s

appeal. See 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); Joseph v. State, No. 02-25-00335-CR, 2025 WL 2942406, at *1 (Tex.

App.—Fort Worth Oct. 16, 2025, no pet.) (mem. op., not designated for publication);

see also Tex. R. App. P. 25.2(d), 43.2(f).

Per Curiam

Do Not Publish Tex.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

Delivered: May 21, 2026

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

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