Zachari Jerod Johnson v. the State of Texas

• Court: Texas Court of Appeals, 6th District (Texarkana)
• Decided: February 27, 2026
• Docket: 06-25-00198-CR
• Status: Published

Opinion

In the Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06-25-00198-CR

ZACHARI JEROD JOHNSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 6th District Court Lamar County, Texas Trial Court No. 31618

Before Stevens, C.J., van Cleef and Rambin, JJ. Memorandum Opinion by Chief Justice Stevens MEMORANDUM OPINION

Pursuant to a plea agreement, Zachari Jerod Johnson pled guilty to theft of property

valued at $2,500.00 or more, but less than $30,000.00, and was sentenced to eight years’

confinement in prison. Despite the trial court’s certification that this was a plea-agreement case

and that Johnson had no right of appeal, he timely filed a notice of appeal. Because we find that

we are without jurisdiction, we will dismiss the appeal for want of jurisdiction.

The Texas Legislature has granted a very limited right of appeal in plea-bargain cases.

Rule 25.2(a)(2) of the Texas Rules of Appellate Procedure details that right as follows:

(2) . . . In a plea bargain case—that is, a case in which a defendant’s plea was guilty or nolo contendere and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant—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.

TEX. R. APP. P. 25.2(a)(2). There is no indication in the record before this Court (1) that this

specific appeal is expressly authorized by statute, (2) that Johnson filed a motion that was ruled

on before trial, or (3) that Johnson obtained the trial court’s permission to appeal. To the

contrary, the trial court’s certification of Johnson’s right of appeal indicates that he has no right

of appeal. Pursuant to Rule 25.2(d) of the Texas Rules of Appellate Procedure, upon proper

certification by the trial court indicating there is no right of appeal, this Court will dismiss the

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

2 On January 15, 2026, we informed Johnson of the apparent defect in our jurisdiction over

his appeal and afforded him an opportunity to respond and, if possible, cure such defect.

Johnson did not file a response to our January 15 correspondence.

Because Johnson has no right of appeal due to his plea agreement with the State and

because the trial court’s certification correctly indicates that he is without a right of appeal, we

dismiss this appeal for want of jurisdiction.

Scott E. Stevens Chief Justice

Date Submitted: February 26, 2026 Date Decided: February 27, 2026

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