Kerrance Ramone Brown v. State ( 2019 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-19-00266-CR
KERRANCE RAMONE BROWN, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 251st District Court
Randall County, Texas
Trial Court No. 25,821-C (Counts I & II), Honorable Ana Estevez, Presiding
August 14, 2019
MEMORANDUM OPINION
Before CAMPBELL and PIRTLE and PARKER, JJ.
Pursuant to a plea bargain agreement, appellant Kerrance Ramone Brown was
convicted of manufacture or delivery of a controlled substance1 and unlawful possession
of a firearm by a felon.2 The trial court sentenced appellant to thirty years’ confinement
for each offense, with the sentences to run concurrently. Appellant has filed a notice of
1 TEX. HEALTH & SAFETY CODE ANN. § 481.112(f) (West 2017).
2 TEX. PENAL CODE ANN. § 46.04 (West 2011).
appeal, pro se, challenging the convictions. We dismiss the appeal for want of jurisdiction
and because appellant has no right of appeal.
The timely filing of a written notice of appeal is a jurisdictional prerequisite to
hearing an appeal. Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012). In a
criminal case, the notice of appeal must be filed within thirty days after sentence is
imposed or within ninety days after sentence is imposed if the defendant timely files a
motion for new trial. TEX. R. APP. P. 26.2(a). If a notice of appeal is not timely filed, we
have no option but to dismiss the appeal for want of jurisdiction. Castillo, 369 S.W.3d at
198.
Appellant was sentenced on March 21, 2016. Because no motion for new trial was
filed, his notice of appeal was due within thirty days of sentencing, by April 20, 2016. TEX.
R. APP. P. 26.2(a)(1). Appellant did not file a notice of appeal until July 29, 2019.
Accordingly, his untimely filed notice of appeal prevents this Court from acquiring
jurisdiction over the appeal.
Furthermore, the Trial Court’s Certification of Defendant’s Right of Appeal certifies
that this is a plea-bargain case from which appellant has no right of appeal and that
appellant has waived the right of appeal. We are required by Rule of Appellate Procedure
25.2(d) to dismiss an appeal “if a certification that shows the defendant has the right of
appeal has not been made part of the record.”
By letter dated July 31, 2019, this Court notified appellant of the consequences of
his late notice of appeal and the trial court’s certification and invited him to demonstrate
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grounds for continuing the appeal. Appellant has filed a response but has not established
good cause for continuing this appeal.
Accordingly, we dismiss the appeal for want of jurisdiction and based on the trial
court’s certification.
Per Curiam
Do not publish.
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