Brenton Autwavious Smith v. the State of Texas
Docket 02-26-00064-CR
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 2nd District (Fort Worth)
- Type
- Lead Opinion
- Case type
- Other
- Disposition
- Dismissed
- Docket
- 02-26-00064-CR
Appeal from conviction following a plea-bargain in a Tarrant County murder case
Summary
The court dismissed Brenton Autwavious Smith’s appeal from his murder conviction because the trial court certified this was a plea-bargain case in which the defendant has no right of appeal. The appellate court gave Smith a month to show grounds to continue the appeal after notifying him of the certification, but he did not respond. Because the trial-court certification showing no right to appeal was part of the record and Smith had waived appeal rights in his plea paperwork, the appellate court dismissed the appeal without reaching the merits.
Issues Decided
- Whether the appeal may proceed when the trial court certifies the case is a plea bargain case and the defendant has no right of appeal
- Whether the defendant's failure to respond to the court's order to show grounds for continuing the appeal affects dismissal
Court's Reasoning
Texas Rule of Appellate Procedure 25.2(d) requires dismissal when a certification shows the defendant has no right of appeal in a plea-bargain case. The trial court’s certification and Smith’s signed plea paperwork showing he waived appellate rights established there was no right to appeal. The court also afforded Smith an opportunity to show cause to continue the appeal, but he did not respond, so dismissal was required.
Authorities Cited
- Texas Rules of Appellate Procedure 25.2(a)(2), (d)
- Texas Rules of Appellate Procedure 44.3
- Dingler v. StateNo. 02-25-00458-CR, 2026 WL 253445 (Tex. App.—Fort Worth Jan. 30, 2026)
Parties
- Appellant
- Brenton Autwavious Smith
- Appellee
- The State of Texas
- Judge
- Bonnie Sudderth, Chief Justice
Key Dates
- Opinion delivered
- 2026-04-23
What You Should Do Next
- 1
Consult a criminal appellate attorney
Talk with counsel about whether any collateral post-conviction remedies (such as state habeas relief) are available or whether the trial-court certification can be challenged.
- 2
Review plea paperwork
Have an attorney review the signed plea agreement and the trial-court certification to determine if there is any factual or legal basis to contest the waiver of appeal.
- 3
Consider filing a state writ if appropriate
If there are constitutional claims or ineffective-assistance issues not waived by the plea, discuss filing a state habeas petition to seek review.
Frequently Asked Questions
- What does this decision mean?
- The appellate court dismissed the appeal because the trial court certified that Smith pleaded guilty or otherwise entered a plea bargain and waived his right to appeal.
- Who is affected by this dismissal?
- The dismissal affects Brenton Autwavious Smith; it leaves the trial-court conviction and sentence intact because the appellate court did not review the merits.
- What happens next?
- Unless Smith can obtain relief through another authorized post-conviction procedure (for example, a writ of habeas corpus), the conviction and sentence remain in effect.
- Can this be appealed further?
- Because the court dismissed for lack of an appeal right under the certification, further appeal is limited; Smith may seek collateral relief or, if applicable, seek to show the certification was incorrect in an authorized proceeding.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-26-00064-CR
___________________________
BRENTON AUTWAVIOUS SMITH, Appellant
V.
THE STATE OF TEXAS
On Appeal from the 432nd District Court
Tarrant County, Texas
Trial Court No. 1803472
Before Sudderth, C.J.; Kerr and Birdwell, JJ.
Memorandum Opinion by Chief Justice Sudderth
MEMORANDUM OPINION
Appellant Brenton Autwavious Smith attempts to appeal from his murder
conviction. But the trial court has certified that this “is a plea[ ]bargain case, and the
defendant has NO right of appeal.”1 See Tex. R. App. P. 25.2(a)(2), (d) (requiring the
trial court to enter a certification clarifying the defendant’s right of appeal). And
when, as here, “a certification that shows the defendant has the right of appeal has not
been made part of the record,” the appeal “must be dismissed.” Tex. R. App. P.
25.2(d).
We called this issue to Smith’s attention, and we gave him a month to show
grounds for continuing his appeal. See Tex. R. App. P. 44.3. But more than a month
has passed, and Smith has not responded.
Thus, “in accordance with the trial court’s certification, we dismiss [the]
appeal.” Dingler v. State, No. 02-25-00458-CR, 2026 WL 253445, at *1 (Tex. App.—
Fort Worth Jan. 30, 2026, no pet.) (per curiam) (mem. op., not designated for
publication) (dismissing similar appeal based on identical trial court certification of
“plea[ ]bargain case, [in which] the defendant ha[d] NO right of appeal”); Joseph v.
State, No. 02-25-00335-CR, 2025 WL 2942406, at *1 (Tex. App.—Fort Worth Oct.
Generally, in a plea bargain case, a defendant has a limited right of appeal. See
1
Tex. Code Crim. Proc. Ann. art. 44.02; Tex. R. App. P. 25.2(a)(2). However, Smith’s
signed plea bargain paperwork confirms that he “waive[d] all rights of appeal.”
2
16, 2025, no pet.) (mem. op., not designated for publication) (same); see Tex. R. App.
P. 25.2(d), 43.2(f).
/s/ Bonnie Sudderth
Bonnie Sudderth
Chief Justice
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: April 23, 2026
3