Fourth Court of Appeals

San Antonio, Texas

June 1, 2022

No. 04-22-00284-CR

Elijah Walter JOHNSON,

Appellant

v.

The STATE of Texas,

Appellee

From the 175th Judicial District Court, Bexar County, Texas

Trial Court No. 2022CR1060

Honorable Catherine Torres-Stahl, Judge Presiding

O R D E R

Appellant Elijah Walter Johnson seeks to appeal the trial court’s judgment of conviction. 

A timely notice of appeal is necessary to invoke a court of appeals’ jurisdiction. See Olivo v. 

State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). The record shows the trial court imposed 

sentence in accordance with the agreement on February 28, 2022. Because Johnson did not file a 

motion for new trial, his notice of appeal was due by March 30, 2022 or a notice and motion for 

extension of time was due fifteen days later. See TEX. R. APP. P. 26.2(a)(1), 26.3. Johnson did 

not file his notice of appeal until April 27, 2022, and he did not file a motion for extension of 

time. See id. R. 26.3. 

The record also shows Johnson entered into a plea bargain with the State pursuant to 

which he pleaded nolo contedere to the offense of theft under $2500 enhanced. The record 

includes the trial court’s Rule 25.2(a)(2) certification stating “this criminal case is a plea-bargain 

case, and the defendant has NO right of appeal.” This court must dismiss an appeal “if a 

certification that shows the defendant has the right of appeal has not been made part of the 

record.” Id. R. 25.2(d). The record establishes the punishment assessed by the court does not 

exceed the punishment recommended by the prosecutor and agreed to by the defendant. See id.

R. 25.2(a)(2). The record also appears to support the trial court’s certification that Johnson does 

not have a right to appeal. See Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (holding 

that court of appeals should review clerk’s record to determine whether trial court’s certification 

is accurate). 

Having reviewed the record, it appears the notice of appeal was untimely filed and 

Johnson does not have the right to appeal. We therefore order Johnson to file a response, by 

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July 1, 2022, establishing: (1) the notice of appeal was timely filed and (2) an amended 

certification showing he has the right to appeal has been made part of the appellate record. See 

id. TEX. R. APP. P. 25.2(d), 37.1; see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. 

Crim. App. 1991) (out-of-time appeal from final felony conviction may be sought by filing a writ 

of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure). 

If a supplemental clerk’s record is required to show the appeal is timely and Johnson has 

the right to appeal, Johnson must request a supplemental record from the trial court clerk and file 

a copy of the request with this court. If appellant fails to satisfactorily respond to this order 

within the time provided, the appeal will be dismissed. 

_________________________________

Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 1st day of June, 2022.

___________________________________

MICHAEL A. CRUZ, Clerk of Court

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