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CADE v. STATE

Court of Appeals of Texas, Second District, Fort Worth
Feb 18, 2010
No. 02-09-404-CR (Tex. App. Feb. 18, 2010)

Summary

dismissing appeal based on trial court's certification

Summary of this case from Cade v. State

Opinion

No. 02-09-404-CR

Delivered: February 18, 2010. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).

Appealed from the 367th District Court of Denton County.

PANEL: LIVINGSTON, DAUPHINOT, and GARDNER, JJ.


MEMORANDUM OPINION


Through a letter sent to him and to his trial counsel on January 14, 2010, we have given appellant Melvin Cade an opportunity to explain why his notice of appeal was untimely filed and why this appeal should not be dismissed for want of jurisdiction. He has not done so. Furthermore, the trial court's certification of appellant's right to appeal states that this is a plea bargain case and appellant has no right of appeal and that he has waived any such right. See Tex. R. App. P. 25.2(a)(2). Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 25.2(b), 26.2(a), 43.2(f); Swearingen v. State, 189 S.W.3d 779, 781 (Tex. Crim. App. 2006) (dismissing an appeal because of an untimely notice of appeal); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) ("A timely notice of appeal is necessary to invoke a court of appeals' jurisdiction.").

The trial court imposed its sentence in March 2009, and appellant did not file his pro se "Motion to Appeal Voluntariness of Guilty Plea Notice to Trial Court" (which we liberally construe as his notice of appeal) until November 2009. Thus, his notice of appeal is untimely. See Tex. R. App. P. 26.2(a); Cozzi v. State, 160 S.W.3d 638, 640 (Tex. App.-Fort Worth 2005, pet. ref'd).


Summaries of

CADE v. STATE

Court of Appeals of Texas, Second District, Fort Worth
Feb 18, 2010
No. 02-09-404-CR (Tex. App. Feb. 18, 2010)

dismissing appeal based on trial court's certification

Summary of this case from Cade v. State
Case details for

CADE v. STATE

Case Details

Full title:MELVIN CADE, APPELLANT v. THE STATE OF TEXAS, STATE

Court:Court of Appeals of Texas, Second District, Fort Worth

Date published: Feb 18, 2010

Citations

No. 02-09-404-CR (Tex. App. Feb. 18, 2010)

Citing Cases

Cade v. State

We also explained that Cade had already appealed from the judgment at issue. See Cade v. State, No.…