Zachari Jerod Johnson v. The State of Texas

Summary

The Sixth Court of Appeals of Texas dismissed Zachari Jerod Johnson’s appeal for want of jurisdiction. Johnson pleaded guilty pursuant to a plea agreement to driving while intoxicated, third or more, and the court concluded that he had no right to appeal under Texas Rule of Appellate Procedure 25.2.

Holdings

1. A defendant in a plea-bargain case may appeal only matters raised by written motion and ruled on before trial, matters for which the trial court granted permission to appeal, or matters expressly authorized by statute. Because none of those circumstances appeared in the record and the trial court properly certified that Johnson had no right of appeal, the court of appeals lacked jurisdiction.

Questions Presented

1. Whether the court of appeals had jurisdiction over an appeal from a plea-bargain case when the trial court certified that the defendant had no right of appeal and the record did not show a statutory authorization, a pretrial written motion ruled on before trial, or the trial court's permission to appeal.

Disposition

dismissed