Opinion
No. 07-19-00263-CR
08-21-2019
JUSLET JOSEPH, APPELLANT v. THE STATE OF TEXAS, APPELLEE
On Appeal from the 181st District Court Potter County, Texas
Trial Court No. 71,285-B, Honorable John B. Board, Presiding
MEMORANDUM OPINION
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
Pursuant to a plea bargain agreement, appellant Juslet Joseph was convicted of assault on a family or household member using a deadly weapon and causing serious bodily injury. The trial court sentenced appellant to twenty-five years' confinement. Appellant has filed a notice of appeal, pro se, challenging the conviction. We dismiss the appeal for want of jurisdiction and because appellant has no right of appeal.
We previously dismissed appellant's appeal from his conviction in trial court cause number 71,461-B, because appellant had no right of appeal. Joseph v. State, No. 07-18-00243-CR, 2018 Tex. App. LEXIS 8145, at *5 (Tex. App.—Amarillo Oct. 4, 2018, no pet.) (not designated for publication).
The timely filing of a written notice of appeal is a jurisdictional prerequisite to hearing an appeal. Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012). In a criminal case, the notice of appeal must be filed within thirty days after sentence is imposed or within ninety days after sentence is imposed if the defendant timely files a motion for new trial. TEX. R. APP. P. 26.2(a). If a notice of appeal is not timely filed, we have no option but to dismiss the appeal for want of jurisdiction. Castillo, 369 S.W.3d at 198.
Appellant's was sentenced on February 13, 2017. Because no motion for new trial was timely filed, his notice of appeal was due within thirty days of sentencing, by March 15, 2017. TEX. R. APP. P. 26.2(a)(1). Appellant did not file a notice of appeal until March 27, 2019. Accordingly, his untimely filed notice of appeal prevents this Court from acquiring jurisdiction over the appeal.
Furthermore, the trial court's certification of appellant's right of appeal indicates that this is a plea-bargain case from which appellant has no right of appeal and that appellant has waived the right of appeal. An appeal must be dismissed unless a certification showing the defendant has the right to appeal has been made a part of the appellate record. TEX. R. APP. P. 25.2(d).
We notified appellant of the consequences of the late notice of appeal and the trial court's certification and invited him to demonstrate grounds for continuing the appeal. Appellant has filed a response and a motion requesting the appointment of counsel, but has not demonstrated good cause for continuing the appeal.
Accordingly, we dismiss the appeal for want of jurisdiction and based on the trial court's certification. Appellant's motion for court-appointed counsel is denied.
Brian Quinn
Chief Justice Do not publish.