Bennie Ray Johnson v. the State of Texas

In The Court of Appeals Ninth District of Texas at Beaumont

__________________ NO. 09-21-00246-CR __________________

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

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On Appeal from the 221st District Court

Montgomery County, Texas Trial Cause No. 19-07-09863-CR

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MEMORANDUM OPINION

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.

PER CURIAM Submitted on October 5, 2021 Opinion Delivered October 6, 2021 Do Not Publish Before Golemon, C.J., Kreger and Johnson, JJ.