# Kenneth Benjamin v. State

> Texas Court of Appeals, 1st District (Houston) · November 21, 2017

URL: https://www.frixlaw.com/law-library/cases/4222807

## Case

- **Court:** Texas Court of Appeals, 1st District (Houston)
- **Decided:** November 21, 2017
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4222807

## Opinion text

Opinion issued November 21, 2017

In The

Court of Appeals
For The

First District of Texas
————————————
NO. 01-17-00489-CR
———————————
KENNETH BENJAMIN, Appellant
V.
THE STATE OF TEXAS, Appellee

On Appeal from the 10th District Court
Galveston County, Texas
Trial Court Case No. 16CR1879

MEMORANDUM OPINION

Appellant, Kenneth Benjamin, pleaded guilty to the felony offense of accident

involving serious bodily injury. See TEX. TRANSP. CODE § 550.021(c)(1)(B). The

trial court found appellant guilty and, in accordance with the terms of appellant’s
plea bargain agreement with the State, sentenced appellant to 4 years’ incarceration.

Acting pro se, appellant filed a notice of appeal. We dismiss the appeal.

In a plea bargain case, a defendant may only appeal those matters that were

raised by written motion filed and ruled on before trial or after getting the trial court’s

permission to appeal. See TEX. R. APP. P. 25.2(a)(2). An appeal must be dismissed

if a certification showing that the defendant has the right of appeal has not been made

part of the record. See TEX. R. APP. P. 25.2(d).

The trial court’s certification is included in the record on appeal. See id. The

trial court’s certification states that this is a plea bargain case and that the defendant

has no right of appeal. See TEX. R. APP. P. 25.2(a)(2). The record supports the trial

court’s certification. See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App.

2005). Because appellant has no right of appeal, we must dismiss this appeal. See

Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006) (“A court of appeals,

while having jurisdiction to ascertain whether an appellant who plea-bargained is

permitted to appeal by Rule 25.2(a)(2), must dismiss a prohibited appeal without

further action, regardless of the basis for the appeal.”).

Accordingly, we dismiss the appeal for want of jurisdiction.

PER CURIAM

Panel consists of Justices Jennings, Bland, and Brown.

Do not publish. TEX. R. APP. P. 47.2(b).

2

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4222807. Public record. Not legal advice.