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Stanley v. State

Court of Appeals Fifth District of Texas at Dallas
May 21, 2015
No. 05-15-00044-CR (Tex. App. May. 21, 2015)

Opinion

No. 05-15-00044-CR No. 05-15-00045-CR No. 05-15-00046-CR

05-21-2015

TERRY ANDREW STANLEY, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 195th Judicial District Court Dallas County, Texas
Trial Court Cause Nos. F13-40508-N, F13-40507-N, F13-40506-N

MEMORANDUM OPINION

Before Justices Fillmore, Myers, and Evans
Opinion by Justice Myers

Terry Andrew Stanley pleaded guilty to three sexual assault of a child under the age of seventeen offenses and true to one enhancement paragraph alleged in each indictment. Pursuant to plea agreements, the trial court sentenced appellant to thirty years' imprisonment in each case. The trial court imposed appellant's sentences in open court on January 17, 2014, and certified that the cases involve plea bargains 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 January 6, 2015. We conclude we lack jurisdiction over the appeals.

We note that each of the trial court's judgments contains the notation "N/A" in the section regarding the plea and the finding on the enhancement paragraph. Because we do not have jurisdiction over the appeals, we cannot correct the judgments to accurately reflect the trial court proceedings.

The records before the Court do not contain motions for new trial. Therefore, appellant's notice of appeal was due by Tuesday, February 18, 2014. See TEX. R. APP. P. 4.1(a), 26.2(a)(1). Appellant's January 6, 2015 notice of appeal, filed almost one year after the sentencing date, is untimely, leaving us without jurisdiction over the appeals. See also TEX. R. APP. P. 26.2(a) (time to file notice of appeal); Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam).

The trial court's certifications regarding the plea bargain agreements also leave us without jurisdiction over the appeals. See Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005).
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We dismiss the appeals for want of jurisdiction.

/Lana Myers/

LANA MYERS

JUSTICE
Do Not Publish
TEX. R. APP. P. 47
150044F.U05

JUDGMENT

On Appeal from the 195th Judicial District Court, Dallas County, Texas
Trial Court Cause No. F13-40508-N.
Opinion delivered by Justice Myers, Justices Fillmore and Evans participating.

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

JUDGMENT

On Appeal from the 195th Judicial District Court, Dallas County, Texas
Trial Court Cause No. F13-40507-N.
Opinion delivered by Justice Myers, Justices Fillmore and Evans participating.

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

JUDGMENT

On Appeal from the 195th Judicial District Court, Dallas County, Texas
Trial Court Cause No. F13-40506-N.
Opinion delivered by Justice Myers, Justices Fillmore and Evans participating.

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


Summaries of

Stanley v. State

Court of Appeals Fifth District of Texas at Dallas
May 21, 2015
No. 05-15-00044-CR (Tex. App. May. 21, 2015)
Case details for

Stanley v. State

Case Details

Full title:TERRY ANDREW STANLEY, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: May 21, 2015

Citations

No. 05-15-00044-CR (Tex. App. May. 21, 2015)