Opinion
04-23-00871-CR
10-03-2023
Jason Andrew PAUL, Appellant v. The STATE of Texas, Appellee
From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2019CR0811 Honorable Melisa C. Skinner, Judge Presiding
ORDER
Beth Watkins, Justice
On November 30, 2020, appellant entered into a plea bargain with the State pursuant to which he pleaded no contest to retaliation. The trial court imposed sentence in accordance with the agreement and signed a certificate stating this "is a plea-bargain case, and the defendant has NO right of appeal." See Tex. R. App. P. 25.2(a)(2). On November 1, 2022, a magistrate entered an order extending appellant's civil commitment in the case.
Because appellant did not file a timely motion for new trial from the original judgment of conviction, a notice of appeal from that judgment was due by December 30, 2020. Tex.R.App.P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due by January 14, 2020. See id. R. 26.3. Because appellant did not file a timely motion for new trial from the civil commitment order, a notice of appeal from that order was due by December 1, 2022, and a motion for extension of time to file the notice of appeal was due by December 16, 2022. Tex.R.App.P. 26.2(a)(1), 26.3. Appellant filed a pro se notice of appeal on September 29, 2023.
A timely notice of appeal is necessary to invoke the jurisdiction of a court of appeals. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). A late notice of appeal may be considered timely so as to invoke a court of appeals' jurisdiction if: (1) it is filed within fifteen days of the last day allowed for filing; (2) a motion for extension of time is filed in the court of appeals within fifteen days of the last day allowed for filing the notice of appeal; and (3) the court of appeals grants the motion for extension of time. See id.
Because the record appears to show that appellant's notice of appeal was untimely and he did not file a motion for extension of time, we ORDER appellant to show cause in writing why this appeal should not be dismissed for want of jurisdiction by November 2, 2023. See id.; see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991) (out-of-time appeal from final felony conviction may be sought by filing a writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure).
We also note the trial court's certification in this appeal states that "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; therefore, the trial court's certification accurately reflects that the criminal case is a plea-bargain case. See Tex. R. App. P. 25.2(a)(2). Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, "The appeal must be dismissed if a certification that shows the defendant has a right of appeal has not been made part of the record under these rules." Tex.R.App.P. 25.2(d).
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 3rd day of October, 2023.