Dwight Conrad Bennett v. The State of Texas--Appeal from 337th District Court of Harris County
Annotate this Case
Download PDF
Dismissed and Memorandum Opinion filed August 16, 2011. In The Fourteenth Court of Appeals ____________ NO. 14-11-00670-CR ____________ DWIGHT CONRAD BENNETT, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 337th District Court Harris County, Texas Trial Court Cause No. 1261375 MEMORANDUM OPINION Appellant entered a guilty plea to aggravated assault of a family member. In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant on March 17, 2011, to confinement for ten years in the Institutional Division of the Texas Department of Criminal Justice. Appellant filed a pro se notice of appeal on July 25, 2011. We dismiss the appeal. A defendant s notice of appeal must be filed within thirty days after sentence is imposed when the defendant has not filed a motion for new trial. See Tex. R. App. P. 26.2(a)(1). A notice of appeal which complies with the requirements of Rule 26 is essential to vest the court of appeals with jurisdiction. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). If an appeal is not timely perfected, a court of appeals does not obtain jurisdiction to address the merits of the appeal. Under those circumstances it can take no action other than to dismiss the appeal. Id. In addition, the trial court entered a certification of the defendant s right to appeal in which the court certified that this is a plea bargain case, and the defendant has no right of appeal. See Tex. R. App. P. 25.2(a)(2). The trial court s certification is included in the record on appeal. See Tex. R. App. P. 25.2(d). The record supports the trial court s certification. See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005). Accordingly, we dismiss the appeal. PER CURIAM Panel consists of Justices Frost, Seymore, and Jamison. Do Not Publish Tex. R. App. P. 47.2(b). 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
