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John Evan Johnson v. State

Citation: Not availableDocket: 02-12-00174-CR

Court: Court of Appeals of Texas; May 24, 2012; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

John Evan Johnson appeals his conviction for aggravated robbery with a deadly weapon, which resulted from a plea bargain. The trial court's certification indicates that this case is a plea-bargained matter and states that Johnson has waived his right to appeal. On April 24, 2012, the court notified him of this certification and required a response by May 4, 2012, to demonstrate grounds for continuing the appeal. No response was received by the deadline. Consequently, the appeal is dismissed based on procedural grounds. The decision is delivered by a panel consisting of Justices McCoy, Meier, and Gabriel, and is not published.

Legal Issues Addressed

Procedural Dismissal of Appeals

Application: The appeal was dismissed due to the appellant's failure to respond by the deadline to demonstrate grounds for continuing the appeal.

Reasoning: On April 24, 2012, the court notified him of this certification and required a response by May 4, 2012, to demonstrate grounds for continuing the appeal. No response was received by the deadline.

Waiver of Right to Appeal in Plea-Bargained Cases

Application: The appellant's waiver of the right to appeal was upheld as the plea agreement included such a waiver, and no grounds to challenge this waiver were presented.

Reasoning: The trial court's certification indicates that this case is a plea-bargained matter and states that Johnson has waived his right to appeal.