Opinion
NO. 03-20-00327-CR
07-17-2020
Owen Thomas Free III, Appellant v. The State of Texas, Appellee
FROM THE 264TH DISTRICT COURT OF BELL COUNTY, NO. 79768, THE HONORABLE PAUL L. LEPAK, JUDGE PRESIDING MEMORANDUM OPINION
Appellant Owen Thomas Free III seeks to appeal a judgment of conviction for murder. See Tex. Penal Code § 19.02(b)(l). For the following reasons, we dismiss this appeal.
First, the trial court has certified that (1) this is a plea-bargain case and Free has no right of appeal, and (2) Free has waived the right of appeal. Thus, we lack jurisdiction over this appeal. See Tex. R. App. P. 25.2(a)(2), (d).
Second, sentence in this case was imposed on January 31, 2020. No motion for new trial was filed. Therefore, the deadline for perfecting appeal was March 2, 2020. See Tex. R. App. P. 26.2(a)(1) (notice of appeal must be filed within 30 days after day sentence imposed in open court). Free filed his notice of appeal on June 18, 2020—108 days after sentence was imposed. Thus, his notice of appeal is untimely. A timely filed notice of appeal is necessary to invoke an appellate court's jurisdiction. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Because Free did not timely file a notice of appeal, we lack jurisdiction to address the merits of the appeal. See Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012); Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998).
For these reasons, we dismiss this appeal for want of jurisdiction.
/s/_________
Melissa Goodwin, Justice Before Justices Goodwin, Triana, and Smith Dismissed for Want of Jurisdiction Filed: July 17, 2020 Do Not Publish