Brenton Autwavious Smith v. The State of Texas

Summary

The Court of Appeals for the Second Appellate District of Texas dismissed Brenton Autwavious Smith’s appeal from his murder conviction. The trial court certified that the case was a plea-bargain case in which Smith had no right of appeal, and Smith did not respond to the appellate court’s request to show grounds for continuing the appeal.

Holdings

1. When the trial court's certification states that a plea-bargain defendant has no right of appeal, and no certification showing a right of appeal is part of the record, the appeal must be dismissed.
2. After notifying Smith of the certification problem and allowing him a month to show grounds for continuing the appeal, the court properly dismissed the appeal when he failed to respond.

Questions Presented

1. Whether the court of appeals had jurisdiction to consider an appeal when the trial court certified that the defendant had no right of appeal in a plea-bargain case.
2. Whether the appeal had to be dismissed after the appellant failed to show grounds for continuing the appeal.

Disposition

dismissed