Kenneth Sherman v. the State of Texas

• Court: Texas Court of Appeals, 1st District (Houston)
• Decided: June 9, 2026
• Docket: 01-26-00191-CR
• Status: Published

Opinion

Opinion issued June 9, 2026

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-26-00191-CR ——————————— KENNETH SHERMAN, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 178th District Court Harris County, Texas Trial Court Case No. 1755510

MEMORANDUM OPINION

Appellant Kenneth Sherman pleaded guilty to the first-degree felony offense

of aggravated robbery with a deadly weapon and was sentenced to twenty years’

incarceration in the Correctional Institutions Division of the Texas Department of Criminal Justice, in accordance with the plea bargain with the State. See TEX. PENAL

CODE § 29.03(a). We dismiss the appeal.

The trial court’s certification of defendant’s right of appeal certified that

appellant had no right of appeal because this was a plea-bargain case. This

certification corresponds with the clerk’s record, which indicates that appellant

pleaded guilty in exchange for the State’s agreement to recommend incarceration for

20 years in the Texas Department of Criminal Justice. See See Chavez v. State, 183

S.W.3d 675, 680 (Tex. Crim. App. 2006) (“A court of appeals, while having

jurisdiction to ascertain whether an appellant who plea-bargained is permitted to

appeal by Rule 25.2(a)(2), must dismiss a prohibited appeal without further action,

regardless of the basis for the appeal.”).

The pro se notice of appeal includes the handwritten words at the top of the

notice: “Deny Bond Appeal.” This appears to indicate that appellant may be

appealing the denial of bond on appeal in addition to the conviction.

Where the appellant enters into a plea bargain with the State, there is no right

of appeal except as to those matters raised by written motion and ruled on before

trial or after getting permission to appeal from the trial court. See TEX. R. APP. P.

25.2(a)(2). The clerk’s record contains no written motions ruled on before trial,

other than a motion to substitute counsel, and no permission to appeal was granted

by the trial court. Accordingly, we must dismiss the appeal for lack of jurisdiction.

2 See Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006) (appellate court

must dismiss attempted appeal when appellant had no right of appeal because he was

sentenced pursuant to agreed terms of plea bargain and did not satisfy exceptions to

Rule 25.2(a)(2)). As for the order denying bond on appeal, the trial court did not

grant appellant permission to appeal from this order. See TEX. R. APP. P.

25.2(a)(2)(B).

We dismiss this appeal for lack of jurisdiction. Any pending motions are

dismissed as moot.

PER CURIAM Panel consists of Justices Caughey, Johnson, and Dokupil.

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