Opinion
04-23-00894-CR
10-26-2023
Reginald Earl ALLMON, Appellant v. The STATE of Texas, Appellee
From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2020CR9047 Honorable Catherine Torres-Stahl, Judge Presiding
ORDER
Patricia O. Alvarez, Justice
On October 3, 2023, Appellant Reginald Earl Allmon filed a form notice of appeal from a negotiated plea. Appellant did not indicate whether the trial court granted permission to appeal. The trial court's certification states that Appellant has no right of appeal. The trial court's judgment was pronounced on July 6, 2022.
To invoke this court's appellate jurisdiction, a timely notice of appeal is required. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Absent a timely motion for new trial, a defendant's notice of appeal is timely filed if it is filed within thirty days after (1) the day sentence is imposed or suspended in open court, or (2) the day the trial court enters an appealable order. See Tex. R. App. P. 26.2; Olivo, 918 S.W.2d at 522. Here, Appellant's notice of appeal was filed more than a year after the trial court imposed its sentence and entered its judgment.
Furthermore, the trial court's certification in this appeal states "this criminal case . . . is a plea-bargain case, and the defendant has NO right of appeal." The clerk's record contains a written plea bargain, and the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by the defendant. See Tex. R. App. P. 25.2(a)(2). This court must dismiss this appeal "if a certification that the defendant has a right of appeal has not been made part of the record under these rules." See Tex. R. App. P. 25.2(d); see Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006).
We order Appellant to show cause in writing within twenty days of the date of this order why this appeal should not be dismissed for want of jurisdiction. See Olivo, 918 S.W.2d at 522.
If Appellant fails to respond as ordered, this appeal will be dismissed without further notice. See Tex.R.App.P. 42.3(c).
All other appellate deadlines are suspended pending further order of this court.