Zachari Jerod Johnson v. the State of Texas

In the
Court of Appeals
Sixth Appellate District of Texas at Texarkana

No. 06-25-00199-CR

ZACHARI JEROD JOHNSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 6th District Court
Lamar County, Texas
Trial Court No. 31425

Before Stevens, C.J., van Cleef and Rambin, JJ.
Memorandum Opinion by Justice Rambin
MEMORANDUM OPINION

Pursuant to a plea agreement, Zachari Jerod Johnson pled guilty to the offense of driving

while intoxicated, third or more,1 and was sentenced to ten years’ confinement in prison. Despite

the trial court’s certification that this was a plea-agreement case and that Johnson had no right of

appeal, he timely filed a notice of appeal. Because we find that we are without jurisdiction, we

will dismiss the appeal for want of jurisdiction.

The Texas Legislature has granted a very limited right of appeal in plea-bargain cases.

Rule 25.2(a)(2) of the Texas Rules of Appellate Procedure details that right as follows:

(2) . . . In a plea bargain case—that is, a case in which a defendant’s
plea was guilty or nolo contendere and the punishment did not exceed the
punishment recommended by the prosecutor and agreed to by the defendant—a
defendant may appeal only:

(A) those matters that were raised by written motion filed and
ruled on before trial,

(B) after getting the trial court’s permission to appeal, or

(C) where the specific appeal is expressly authorized by statute.

TEX. R. APP. P. 25.2(a)(2). There is no indication in the record before this Court (1) that this

specific appeal is expressly authorized by statute, (2) that Johnson filed a motion that was ruled

on before trial, or (3) that Johnson obtained the trial court’s permission to appeal. To the

contrary, the trial court’s certification of Johnson’s right of appeal indicates that he has no right

of appeal. Pursuant to Rule 25.2(d) of the Texas Rules of Appellate Procedure, upon proper

1
See TEX. PENAL CODE ANN. § 49.09(b)(2) (Supp.).
2
certification by the trial court indicating there is no right of appeal, this Court will dismiss the

appeal. See TEX. R. APP. P. 25.2(d).

On January 15, 2026, we informed Johnson of the apparent defect in our jurisdiction over

his appeal and afforded him an opportunity to respond and, if possible, cure such defect.

Johnson did not file a response to our January 15 correspondence.

Because Johnson has no right of appeal due to his plea agreement with the State and

because the trial court’s certification correctly indicates that he is without a right of appeal, we

dismiss this appeal for want of jurisdiction.

Jeff Rambin
Justice

Date Submitted: February 26, 2026
Date Decided: February 27, 2026

Do Not Publish

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