Michael Jermaine Gore v. the State of Texas ( 2022 )

Opinion issued February 17, 2022
In The
Court of Appeals
For The
First District of Texas
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NO. 01-21-00700-CR
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MICHAEL JERMAINE GORE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 209th District Court
Harris County, Texas
Trial Court Case No. 1484196
MEMORANDUM OPINION
After appellant, Michael Jermaine Gore, pleaded guilty to the felony offense
of compelling prostitution,1 the trial court deferred adjudication of appellant’s guilt
and placed him on community supervision for ten years. The State, alleging
1
See TEX. PENAL CODE ANN. § 43.05.
numerous violations of the conditions of appellant’s community supervision,
subsequently moved to adjudicate his guilt. On December 7, 2018, the trial court
signed a judgment in which it found that appellant had violated certain conditions of
his community supervision, found appellant guilty, and assessed his punishment at
confinement for twelve years. Appellant filed a pro se notice of appeal on
December 13, 2021.
We dismiss the appeal for lack of jurisdiction.
We cannot exercise jurisdiction over an appeal without a timely filed notice
of appeal. See TEX. R. APP. P. 26.2(a); Castillo v. State, 369 S.W.3d 196, 198 (Tex.
Crim. App. 2012); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); Lair
v. State, 321 S.W.3d 158, 159 (Tex. App.—Houston [1st Dist.] 2010, pet. ref’d). A
defendant’s notice of appeal is timely if it is filed within thirty days after the date the
sentence is imposed or suspended in open court, or within ninety days after the date
the sentence is imposed or suspended in open court if the defendant files a motion
for new trial. TEX. R. APP. P. 26.2(a); see Bayless v. State, 91 S.W.3d 801, 806 (Tex.
Crim. App. 2002). The time for filing a notice of appeal can also be extended if,
within fifteen days of the deadline for filing the notice of appeal, a defendant files
his notice of appeal in the trial court and a motion for extension of time that complies
with Texas Rule of Appellate Procedure 10.5(b) in the appellate court. See TEX. R.
APP. P. 10.5(b), 26.3; Lair, 321 S.W.3d at 159; see also Olivo, 918 S.W.2d at
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522 (requiring both notice of appeal and motion for extension to be filed within
fifteen days of original due date for notice of appeal).
On December 7, 2018, the trial court signed and entered its judgment. The
appellate record does not indicate that any post-trial motion which would extend the
deadline to file a notice of appeal was filed. Accordingly, any notice of appeal was
due to be filed with the trial court within thirty days after the entry of the trial court’s
judgment, on or before January 7, 2019.
On December 13, 2021, appellant filed his pro se notice of appeal from the
trial court’s December 7, 2018 judgment. Because appellant’s notice of appeal is
untimely filed, we lack jurisdiction to address the merits of his appeal and can take
no other action than to dismiss the appeal. See Slaton v. State, 981 S.W.2d 208, 210
(Tex. Crim. App. 1998).
Further, the appellate record includes a certification of appellant’s right of
appeal stating that this “is a plea-bargain case, and the [appellant] has NO right of
appeal.” This certification is supported by the appellate record.
The Texas Rules of Appellate Procedure set out the right to appeal for criminal
defendants. Rule 25.2(a) states that in a case where a defendant voluntarily pleaded
guilty, the defendant may only appeal “those matters that were raised by written
motion filed and ruled on before trial” or “after getting the trial court’s permission
to appeal.” TEX. R. APP. P. 25.2(a)(2)(A), (B). Here, appellant does not appeal from
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any matter “raised by written motion filed and ruled on before trial,” nor did the trial
court grant appellant permission to appeal.
Accordingly, we have no jurisdiction to consider appellant’s appeal and
dismiss the appeal for lack of jurisdiction. See TEX. R. APP. P. 43.2(f). We dismiss
any other pending motions as moot.
PER CURIAM
Panel consists of Justices Kelly, Goodman, and Guerra.
Do not publish. TEX. R. APP. P. 47.2(b).
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