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Johnson v. State

Court of Appeals of Texas, Ninth District, Beaumont
Oct 6, 2021
No. 09-21-00246-CR (Tex. App. Oct. 6, 2021)

Opinion

09-21-00246-CR

10-06-2021

BENNIE RAY JOHNSON, Appellant v. THE STATE OF TEXAS, Appellee


Do Not Publish

Submitted on October 5, 2021

On Appeal from the 221st District Court Montgomery County, Texas Trial Cause No. 19-07-09863-CR

Before Golemon, C.J., Kreger and Johnson, JJ.

MEMORANDUM OPINION

PER CURIAM

On August 9, 2021, the trial court sentenced Bennie Ray Johnson, Appellant, on a conviction for burglary of a habitation. Johnson filed a notice of appeal on August 23, 2021. The trial court entered a certification of the defendant's right to appeal in which the court certified that this is a plea-bargain case and the defendant has no right of appeal. See Tex. R. App. P. 25.2(a)(2). The district clerk has provided the trial court's certification to the Court of Appeals.

On August 25, 2021, we sent a letter that notified the parties that we would dismiss the appeal unless within fifteen days the appellant filed a response that established the certification from the trial court is incorrect. We have not received a response from the appellant to our letter. Because the record does not contain a certification that shows Johnson has the right of appeal, we must dismiss the appeal. See Tex. R. App. P. 25.2(d). Accordingly, we dismiss the appeal.

APPEAL DISMISSED.


Summaries of

Johnson v. State

Court of Appeals of Texas, Ninth District, Beaumont
Oct 6, 2021
No. 09-21-00246-CR (Tex. App. Oct. 6, 2021)
Case details for

Johnson v. State

Case Details

Full title:BENNIE RAY JOHNSON, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Ninth District, Beaumont

Date published: Oct 6, 2021

Citations

No. 09-21-00246-CR (Tex. App. Oct. 6, 2021)