Benson v. State of Texas - Criminal Appeal Dismissal

Texas Court of Appeals

Filed March 12th, 2026

Detected March 13th, 2026

Summary

The Texas Court of Appeals, 10th District, has dismissed the criminal appeal of Akylon Kyle Benson. The dismissal is based on the trial court's certification indicating the defendant had no right of appeal following a plea bargain. The court issued its opinion on March 12, 2026.

View original document View source feed page

What changed

The Texas Court of Appeals, 10th District, has dismissed the criminal appeal filed by Akylon Kyle Benson against the State of Texas. The appeal concerned an order placing Benson on deferred adjudication. The dismissal was based on the trial court's certification, signed by Benson and his counsel, stating that Benson had no right of appeal as part of a plea-bargain agreement. The court followed Texas Rule of Appellate Procedure 25.2(d) and precedent from Monreal v. State.

This ruling means the appellate court will not review the merits of Benson's case due to the lack of an appealable issue as certified by the trial court. For legal professionals and criminal defendants, this reinforces the importance of understanding and adhering to the limitations on appeal rights following plea bargains, particularly the requirements for proper certification by the trial court.

Source document (simplified)

Support FLP

CourtListener is a project of Free
Law Project, a federally-recognized 501(c)(3) non-profit. Members help support our work and get special access to features.

Please become a member today.

Join Free.law Now

March 12, 2026 Get Citation Alerts Download PDF Add Note

Akylon Kyle Benson v. the State of Texas

Texas Court of Appeals, 10th District (Waco)

Citations: None known
Docket Number: 10-26-00059-CR
Nature of Suit: Miscellaneous/Other Criminal including Misdemeanor or Felony
Disposition: Dismissed
Opinion
Authorities (1)
Cited By (0)
Summaries (0)
Similar Cases (0)
PDF

Disposition

Dismissed

Lead Opinion

Court of Appeals
Tenth Appellate District of Texas

10-26-00059-CR

Akylon Kyle Benson,
Appellant

The State of Texas,
Appellee

On appeal from the
19th District Court of McLennan County, Texas
Judge Thomas C. West, presiding
Trial Court Cause No. 2025-379-C1

JUSTICE SMITH delivered the opinion of the Court.

MEMORANDUM OPINION

Akylon Kyle Benson attempts to appeal an order placing him on deferred

adjudication. The certificate of right of appeal signed by the trial court,

Benson, and Benson’s trial counsel indicates that this “is a plea-bargain case,

and the defendant has NO right of appeal.” By letter dated February 13, 2026,

the Clerk of this Court advised Benson that this appeal would be dismissed
unless a response was received showing grounds for continuing the appeal. No

response has been received.

Because the trial court’s certification of right of appeal signed by Benson

indicates that Benson did not have the right to appeal, this appeal must be

dismissed. See TEX. R. APP. P. 25.2(d); ("The appeal must be dismissed if a

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

made a part of the record under these rules."); Monreal v. State, 99 S.W.3d 615,

622 (Tex. Crim. App. 2003).

Accordingly, this appeal is dismissed.

STEVE SMITH
Justice

OPINION DELIVERED and FILED: March 12, 2026
Before Chief Justice Johnson,
Justice Smith, and
Justice Harris
Appeal dismissed
Do not publish
CR25

Benson v. State Page 2