Berry v. State

Full title: Willie Berry Jr., Appellant v. The State of Texas, Appellee

Court: Court of Appeals of Texas, Third District, Austin

Date published: Jul 1, 2009

No. 03-09-00288-CR (Tex. App. Jul. 1, 2009)

Opinion

No. 03-09-00288-CR

Filed: July 1, 2009. DO NOT PUBLISH.

Appealed from the District Court of Travis County, 331st Judicial District, No. D-1-DC-08-300303, Honorable Bob Perkins, Judge Presiding. Dismissed for Want of Jurisdiction.

Before Chief Justice JONES, Justices PURYEAR and HENSON.

MEMORANDUM OPINION

DIANE M. HENSON, Justice.

Appellant Willie Berry Jr. seeks to appeal a judgment of conviction for aggravated assault with a deadly weapon. The trial court has certified that this is a plea bargain case and Berry has no right of appeal.¹ The appeal is dismissed. See Tex. R. App. P. 25.2(a)(2), (d).

1 While Berry states in his notice of appeal that he seeks to appeal the trial court's denial of his motion for a bench warrant, a ruling on a motion for a bench warrant is not an independently appealable order. See Ewing v. State, No. 10-09-00045-CR, 2009 Tex. App. LEXIS 2372, at *1 (Tex.App.-Waco Apr. 8, 2009, no pet.) (mem. op., not designated for publication).