Trimaine McClarty v. State ( 2009 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-09-370-CR
TRIMAINE MCCLARTY APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 362ND DISTRICT COURT OF DENTON COUNTY
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MEMORANDUM OPINION 1
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Appellant Trimaine McClarty attempts to appeal his conviction for
aggravated assault, for which he was sentenced to fifteen years’ confinement
on December 11, 2008. On October 22, 2009, McClarty filed a notice of
appeal.
1
… See Tex. R. App. P. 47.4.
On October 30, 2009, we sent McClarty a letter stating that the court
was concerned that it lacked jurisdiction over his appeal because his notice of
appeal was not timely filed.2 See Tex. R. App. P. 26.2(a)(1) (stating that the
notice of appeal must be filed within thirty days after the day sentence is
imposed or after the day the trial court enters an appealable order). Our letter
also stated that the trial court’s certification stated that this is a plea-bargain
case, that McClarty had no right of appeal, and that he had waived his right of
appeal. See Tex. R. App. P. 25.2(a)(2). We instructed McClarty or any party
desiring to continue the appeal to file with the court a response showing
grounds for continuing the appeal by November 9, 2009, or this appeal would
be dismissed. We have received no response.
Because the trial court certified that McClarty possesses no right of
appeal and because McClarty failed to file a timely notice of appeal, we lack
jurisdiction over this appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex.
Crim. App. 1998). Accordingly, we dismiss this appeal for want of jurisdiction.
See Tex. R. App. P. 25.2(b), (d), 43.2(f).
2
… McClarty’s notice of appeal was due January 12, 2009, but was not
filed until October 22, 2009.
2
PER CURIAM
PANEL: MCCOY, J.; CAYCE, C.J.; and MEIER, J.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: DECEMBER 23, 2009
3