Xavier Montrial Johnson v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 3, 2024
• Docket: 07-24-00282-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-24-00282-CR No. 07-24-00283-CR No. 07-24-00284-CR

XAVIER MONTRAIL JOHNSON, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 108th District Court Potter County, Texas Trial Court Nos. 085091-E-CR, 082258-E-CR, & 085963-E-CR (Counts I – IV), Honorable Douglas R. Woodburn, Presiding

October 3, 2024 MEMORANDUM OPINION Before PARKER and DOSS and YARBROUGH, JJ

Pursuant to a plea bargain agreement, Appellant, Xavier Montrail Johnson, was

convicted of aggravated robbery1 and aggravated assault with a deadly weapon2 and

sentenced to concurrent sentences of ten and twelve years of confinement. The trial

1 See TEX. PENAL CODE ANN. § 29.03.

2 See TEX. PENAL CODE ANN. § 22.02(a)(2). court’s certifications of Appellant’s right of appeal reflect that these are plea bargain cases

from which Appellant has no right of appeal and that Appellant has waived the right of

appeal. The certifications comport with the record before the Court. Notwithstanding the

certifications, Appellant filed a notice of appeal, pro se, challenging his convictions.

We are required by Rule of Appellate Procedure 25.2(d) to dismiss an appeal “if a

certification that shows the defendant has the right of appeal has not been made part of

the record.” By letter of September 10, 2024, we notified Appellant of the consequences

of the trial court’s certifications and directed him to show grounds for continuing the

appeals by September 20. Appellant has not filed a response nor had any further

communication with this Court to date.

Accordingly, we dismiss the appeals based on the trial court’s certification. See

TEX. R. APP. P. 25.2(d).

Per Curiam

Do not publish.