Broderick J. Berry v. State

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-19-00300-CR
___________________________
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.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION
After a jury found Broderick J. Berry guilty of failing to comply with sex-
offender-registration requirements, 1 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 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.—
1
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).
2
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Do Not Publish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
3