Opinion
No. 02-19-00300-CR
04-09-2020
BRODERICK J. BERRY, Appellant v. THE STATE OF TEXAS
On Appeal from Criminal District Court No. 1 Tarrant County, Texas
Trial Court No. 1532383D Before Birdwell, Bassel, and Womack, JJ.
Memorandum Opinion
MEMORANDUM OPINION
After a jury found Broderick J. Berry guilty of failing to comply with sex-offender-registration requirements, he entered into a plea bargain with the State for a ten-year sentence. The plea paperwork included a waiver of the right of appeal. The trial judge sentenced Berry in accordance with the plea bargain. Although Berry was represented by appointed counsel, he filed a pro se notice of appeal from the trial court's judgment.
The offense is a third degree felony with a punishment range of two to ten years' confinement, but Berry had pleaded true to an enhancement paragraph, so the maximum punishment he faced was twenty years' confinement. See Tex. Code Crim. Proc. Ann. art. 62.102(b)(2); Tex. Penal Code Ann. §§ 12.33(a), 12.34(a), 12.42(a).
The trial court's certification of Berry's right of appeal shows that the case "is a plea-bargain case" with "NO right of appeal" and that Berry waived the right of appeal. See Tex. R. App. P. 25.2(a)(2). The trial court's judgment states, "APPEAL WAIVED, NO PERMISSION TO APPEAL GRANTED."
After a defendant has been found guilty of committing an offense, he may waive his right to appeal in exchange for a recommended sentence. See Blanco v. State, 18 S.W.3d 218, 219-20 (Tex. Crim. App. 2000). Such a waiver warrants dismissal of any appeal. See id. Although we informed Berry and his trial counsel of our concern that the judgment is not appealable, we have received no response. Thus, we dismiss the appeal. See Tex. R. App. P. 25.2(d), 43.2(f); see also Blanco, 18 S.W.3d at 219-20; Brundage v. State, No. 04-19-00060-CR, 2019 WL 2194077, at *1 (Tex. App.— San Antonio May 22, 2019, no pet.) (mem. op., not designated for publication) (per curiam); Andrews v. State, Nos. 02-12-00136-CR, 02-12-00137-CR, 2012 WL 1868736, at *1 & n.2 (Tex. App.—Fort Worth May 24, 2012, no pet.) (mem. op., not designated for publication) (per curiam).
Per Curiam Do Not Publish
Tex. R. App. P. 47.2(b) Delivered: April 9, 2020