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Carrillo v. State

Court of Appeals Fifth District of Texas at Dallas
Oct 28, 2015
No. 05-15-01265-CR (Tex. App. Oct. 28, 2015)

Opinion

No. 05-15-01265-CR

10-28-2015

JOSE CARRILLO, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the Criminal District Court No. 2 Dallas County, Texas
Trial Court Cause No. F12-62652-I

MEMORANDUM OPINION

Before Justices Lang-Miers, Brown, and Schenck
Opinion by Justice Brown

Jose Carrillo pleaded guilty to solicitation to commit capital murder. Pursuant to a plea agreement, on April 18, 2014, the trial court sentenced appellant to twenty years' imprisonment. The written plea agreement form reflects appellant waived his right to appeal as part of the agreement. See Blanco v. State, 18 S.W.3d 218, 219-20 (Tex. Crim. App. 2000). The trial court certified the case involves a plea bargain and appellant has no right to appeal. See TEX. R. APP. P. 25.2(a), (d); Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005). Appellant filed a pro se notice of appeal on September 24, 2015.

"A timely notice of appeal is necessary to invoke appellate jurisdiction." Blanton v. State, 369 S.W.3d 894, 902 (Tex. Crim. App. 2012). Appellant's September 24, 2015 notice of appeal is untimely as to the April 18, 2014 sentencing date. See TEX. R. APP. P. 26.2(a)(1); Slaton, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam); Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996).

We dismiss the appeal for want of jurisdiction.

/Ada Brown/

ADA BROWN

JUSTICE
Do Not Publish
TEX. R. APP. P. 47
151265F.U05

JUDGMENT

On Appeal from the Criminal District Court No. 2, Dallas County, Texas
Trial Court Cause No. F12-62652-I.
Opinion delivered by Justice Brown, Justices Lang-Miers and Schenck participating.

Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction.


Summaries of

Carrillo v. State

Court of Appeals Fifth District of Texas at Dallas
Oct 28, 2015
No. 05-15-01265-CR (Tex. App. Oct. 28, 2015)
Case details for

Carrillo v. State

Case Details

Full title:JOSE CARRILLO, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Oct 28, 2015

Citations

No. 05-15-01265-CR (Tex. App. Oct. 28, 2015)