Johnny Zermeno v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: November 4, 2025
• Docket: 01-25-00407-CR
• Status: Published

Opinion

Opinion issued November 4, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00407-CR ——————————— JOHNNY ZERMENO, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 182nd District Court Harris County, Texas Trial Court Case No. 1906045

MEMORANDUM OPINION

Appellant’s appointed counsel filed a motion for extension asserting that

appellant had no right of appeal because he entered into a charge bargain with the

State. See Shankle v. State, 119 S.W.3d 808, 813–14 (Tex. Crim. App. 2003)

(holding there is no right of appeal when appellant and State enter into charge bargain). The State has filed a motion to dismiss the appeal, agreeing that this Court

lacks jurisdiction.

The clerk’s record shows that appellant agreed to plead guilty without an

agreed recommendation as to sentencing in exchange for the State’s agreement to a

PSI hearing and a sentencing range of 15 years in prison to life in prison. The trial

court certified that appellant had no right to appeal because the case was a plea-

bargain case. See TEX. R. APP. P. 25.2(a)(2).

We grant the motion and dismiss this appeal for lack of jurisdiction. Any

other pending motions are dismissed as moot.

PER CURIAM Panel consists of Justices Guerra, Guiney, and Johnson.

Do not publish. TEX. R. APP. P. 47.2(b).