Henry Benjamin Jones v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 6, 2024
• Docket: 04-23-01094-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-23-01094-CR

Henry Benjamin JONES, Appellant

v.

The STATE of Texas, Appellee

From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2021CR3051 Honorable Joel Perez, Judge Presiding

PER CURIAM

Sitting: Luz Elena D. Chapa, Justice Irene Rios, Justice Beth Watkins, Justice

Delivered and Filed: March 6, 2024

DISMISSED

On December 13, 2023, appellant Henry Benjamin Jones filed a notice of appeal seeking

to appeal his conviction of assault for family violence by strangulation. After Jones filed his notice

of appeal, the district clerk filed a copy of the clerk’s record showing Jones entered into a written

plea bargain agreement with the State pursuant to which he pled nolo contendere. The clerk’s

record further shows the trial court imposed sentence in accordance with the agreement and signed

a certification stating this “is a plea-bargain case, and the defendant has NO right of appeal.” See

TEX. R. APP. P. 25.2(a)(2). 04-23-01094-CR

“In a plea bargain case . . . a defendant may appeal only: (A) those matters that were raised

by written motion filed and ruled on before trial, (B) after getting the trial court’s permission to

appeal; or (C) where the specific appeal is expressly authorized by statute.” Id. We must dismiss

an appeal “if a certification that shows the defendant has the right of appeal has not been made

part of the record.” Id. R. 25.2(d).

Here, the clerk’s record establishes the punishment assessed by the trial court does not

exceed the punishment recommended by the prosecutor and agreed to by Jones. It also does not

include a written motion filed and ruled upon before trial; nor does it indicate the trial court gave

Jones permission to appeal. Thus, the trial court’s certification appears to accurately reflect this is

a plea-bargain case and Jones does not have a right to appeal. See id. R. 25.2; Dears v. State, 154

S.W.3d 610 (Tex. Crim. App. 2005) (holding court of appeals should review clerk’s record to

determine whether trial court’s certification is accurate).

On January 9, 2024, we ordered Jones to file a response by February 8, 2024, establishing

an amended certification showing he has the right to appeal has been made part of the appellate

record. We cautioned Jones failure to satisfactorily respond to this order within the time provided

would result in the dismissal of this appeal. A response has not been filed. Accordingly, we

dismiss the appeal. See TEX. R. APP. P. 25.2(d).

Do Not Publish

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