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LeBlanc v. State

Court of Appeals Ninth District of Texas at Beaumont
Nov 25, 2015
NO. 09-15-00439-CR (Tex. App. Nov. 25, 2015)

Opinion

NO. 09-15-00439-CRNO. 09-15-00440-CRNO. 09-15-00441-CR

11-25-2015

TYLER LEBLANC, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 356th District Court Hardin County, Texas
Trial Cause Nos. 22768, 22770, and 22772

MEMORANDUM OPINION

The trial court sentenced Tyler LeBlanc on November 17, 2014. The trial court signed certifications in which the court certified that these are plea-bargained cases and the defendant has no right of appeal. See Tex. R. App. P. 25.2(a)(2). LeBlanc filed a notice of appeal on October 30, 2015. We notified the parties that LeBlanc filed his notice of appeal too late to perfect an appeal. See Tex. R. App. P. 25.2(b). The notice of appeal at issue here was filed after LeBlanc's convictions were final, and LeBlanc's three convictions are no longer subject to direct appeals. LeBlanc failed to establish that his notice of appeal was timely filed or that the Texas Court of Criminal Appeals granted an out-of-time appeal. See generally Tex. R. App. P. 73.

The Court finds that the notice of appeal was not timely filed. See Tex. R. App. P. 26.2. No motion for extension of time was timely filed pursuant to Tex. R. App. P. 26.3. Furthermore, we must dismiss the appeals because the trial court's certifications show the defendant does not have the right of appeal. See Tex. R. App. P. 25.2(d). We dismiss the appeals.

APPEALS DISMISSED.

/s/_________

HOLLIS HORTON

Justice Submitted on November 24, 2015
Opinion Delivered November 25, 2015
Do Not Publish Before Kreger, Horton, and Johnson, JJ.


Summaries of

LeBlanc v. State

Court of Appeals Ninth District of Texas at Beaumont
Nov 25, 2015
NO. 09-15-00439-CR (Tex. App. Nov. 25, 2015)
Case details for

LeBlanc v. State

Case Details

Full title:TYLER LEBLANC, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Ninth District of Texas at Beaumont

Date published: Nov 25, 2015

Citations

NO. 09-15-00439-CR (Tex. App. Nov. 25, 2015)