Joshua Lewis Neal v. State ( 2019 )

DISMISS and Opinion Filed August 26, 2019
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00822-CR
JOSHUA LEWIS NEAL, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 6
Dallas County, Texas
Trial Court Cause No. F19-00213-X
MEMORANDUM OPINION
Before Justices Schenck, Osborne, and Reichek
Opinion by Justice Reichek
Joshua Lewis Neal appeals his conviction for assault family violence. Appellant pleaded
guilty under a plea bargain agreement with the State and waived his right to appeal in exchange
for a reduced charge and the dismissal of an enhancement paragraph. After finding appellant
guilty, the trial court assessed punishment at 180 days in county jail. Appellant filed his notice of
appeal on July 3, 2019.
After the clerk’s record was filed, we notified the parties that we had concerns regarding
our jurisdiction in this appeal. Specifically, the notice of appeal appeared to be untimely filed.
We asked the parties to file jurisdictional letter briefs; appellant responded, stating that the Court
did not have jurisdiction because appellant waived his right to appeal in conjunction with his plea
bargain agreement with the State. The State concurred.
A timely filed notice of appeal is required to invoke this Court’s jurisdiction. Castillo v.
State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012). In the absence of a timely filed notice of
appeal, we have no option other than to dismiss the appeal. Id. A defendant perfects an appeal by
filing with the trial court clerk, within thirty days after the date sentence was imposed, or within
ninety days after sentencing if the defendant timely filed a motion for new trial, a written notice of
appeal showing his desire to appeal. See TEX. R. APP. P. 25.2(b), (c), 26.2(a).
The trial court entered judgment on April 30, 2019; absent a timely filed motion for new
trial, the notice of appeal was due on May 30, 2019. See TEX. R. APP. P. 26.2(a). The clerk’s
record shows the notice of appeal was filed on July 3, 2019. No motion for new trial was filed.
Thus, the notice of appeal is untimely.
We further note that the clerk’s record shows appellant entered into a plea bargain with the
State in which he agreed to waive his right to appeal in exchange for the State dismissing an
enhancement paragraph and reducing the charge. The trial court’s certification of appellant’s right
to appeal states this is a plea bargain case and appellant waived his right to appeal. When an
appellant waives his right to appeal as part of his plea bargain agreement with the State, a
subsequent notice of appeal filed by him fails to “initiate the appellate process,” thereby depriving
this Court of jurisdiction over the appeal. Lundgren v. State, 434 S.W.3d 594, 599, 600 (Tex.
Crim. App. 2014).
Because we lack jurisdiction, we dismiss this appeal.
/Amanda L. Reichek/
AMANDA L. REICHEK
Do Not Publish JUSTICE
TEX. R. APP. P. 47.2(b)
190822F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JOSHUA LEWIS NEAL, Appellant On Appeal from the Criminal District Court
No. 6, Dallas County, Texas
No. 05-19-00822-CR V. Trial Court Cause No. F19-00213-X.
Opinion delivered by Justice Reichek,
THE STATE OF TEXAS, Appellee Justices Schenck and Osborne participating.
Based on the Court’s opinion of this date, we DISMISS this appeal.
Judgment entered August 26, 2019
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