Donnie Ray Benton v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: December 11, 2025
• Docket: 10-25-00426-CR
• Status: Published

Opinion

Court of Appeals Tenth Appellate District of Texas

10-25-00425-CR 10-25-00426-CR

Donnie Ray Benton, Appellant

v.

The State of Texas, Appellee

On appeal from the County Court of Navarro County, Texas Judge H. M. Davenport, presiding Trial Court Cause Nos. CR-81603 & CR-81604

CHIEF JUSTICE JOHNSON delivered the opinion of the Court.

MEMORANDUM OPINION

Donnie Ray Benton attempts to appeal convictions for driving while

intoxicated and striking a fixture on a highway. The certificate of right of

appeal in each cause number indicates that Benton has waived the right to

appeal. By letters in each appeal dated November 14, 2025, the Clerk of this

Court advised Benton that these appeals would be dismissed unless a response was received showing that Benton did not waive the right to appeal in each

cause number. No response was filed.

Because the trial court’s certificate of right of appeal signed by Benton

in each cause number indicates that Benton has waived the right to appeal,

these appeals must be dismissed. See TEX. R. APP. P. 25.2(d); ("The appeal

must be dismissed if a certification that shows the defendant has the right of

appeal has not been made a part of the record under these rules."); Monreal v.

State, 99 S.W.3d 615, 622 (Tex. Crim. App. 2003).

Accordingly, these appeals are dismissed.

MATT JOHNSON Chief Justice

OPINION DELIVERED and FILED: December 11, 2025 Before Chief Justice Johnson, Justice Smith, and Justice Harris Appeal dismissed Do Not Publish CR25

Benton v. State Page 2