Terry Andrew Stanley v. State ( 2015 )


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  • Dismiss and Opinion Filed May 21, 2015.
    Court of Appeals
    S     In The
    Fifth District of Texas at Dallas
    No. 05-15-00044-CR
    No. 05-15-00045-CR
    No. 05-15-00046-CR
    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. 1     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.
    1
    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). 2
    We dismiss the appeals for want of jurisdiction.
    /Lana Myers/
    LANA MYERS
    JUSTICE
    Do Not Publish
    TEX. R. APP. P. 47
    150044F.U05
    2
    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).
    –2–
    S
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    TERRY ANDREW STANLEY, Appellant                      On Appeal from the 195th Judicial District
    Court, Dallas County, Texas
    No. 05-15-00044-CR        V.                         Trial Court Cause No. F13-40508-N.
    Opinion delivered by Justice Myers, Justices
    THE STATE OF TEXAS, Appellee                         Fillmore and Evans participating.
    Based on the Court’s opinion of this date, we DISMISS the appeal for want of
    jurisdiction.
    Judgment entered this 21st day of May, 2015.
    –3–
    S
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    TERRY ANDREW STANLEY, Appellant                      On Appeal from the 195th Judicial District
    Court, Dallas County, Texas
    No. 05-15-00045-CR        V.                         Trial Court Cause No. F13-40507-N.
    Opinion delivered by Justice Myers, Justices
    THE STATE OF TEXAS, Appellee                         Fillmore and Evans participating.
    Based on the Court’s opinion of this date, we DISMISS the appeal for want of
    jurisdiction.
    Judgment entered this 21st day of May, 2015.
    –4–
    S
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    TERRY ANDREW STANLEY, Appellant                      On Appeal from the 195th Judicial District
    Court, Dallas County, Texas
    No. 05-15-00046-CR        V.                         Trial Court Cause No. F13-40506-N.
    Opinion delivered by Justice Myers, Justices
    THE STATE OF TEXAS, Appellee                         Fillmore and Evans participating.
    Based on the Court’s opinion of this date, we DISMISS the appeal for want of
    jurisdiction.
    Judgment entered this 21st day of May, 2015.
    –5–
    

Document Info

Docket Number: 05-15-00045-CR

Filed Date: 5/21/2015

Precedential Status: Precedential

Modified Date: 9/30/2016