Steven Vaughn Geopfert v. the State of Texas ( 2022 )


Menu:
  •                                       In The
    Court of Appeals
    Seventh District of Texas at Amarillo
    No. 07-22-00278-CR
    No. 07-22-00279-CR
    STEVEN VAUGHN GEOPFERT, APPELLANT
    V.
    THE STATE OF TEXAS, APPELLEE
    On Appeal from the 181st District Court
    Potter County, Texas
    Trial Court Nos. 080625-B-CR & 081258-B-CR, Honorable Dan L. Schaap, Presiding
    November 2, 2022
    MEMORANDUM OPINION
    Before QUINN, C.J., and PARKER and DOSS, JJ.
    Appellant, Steven Vaughn Geopfert, proceeding pro se, appeals his convictions
    for manufacture or delivery of a controlled substance1 and aggravated assault with a
    deadly weapon.2 We dismiss the untimely appeals for want of jurisdiction and because
    Appellant has no right of appeal.
    1   See TEX. HEALTH & SAFETY CODE ANN. § 481.112(d).
    2   See TEX. PENAL CODE ANN. § 22.02(a)(2).
    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 suspended or within ninety days 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, an appellate court
    has no option but to dismiss the appeal for want of jurisdiction. Castillo, 369 S.W.3d at
    198.
    The trial court sentenced Appellant on April 21, 2022. Because no motion for new
    trial was filed, a notice of appeal was due within thirty days after sentencing, by May 23,
    2022. See TEX. R. APP. P. 4.1(a), 26.2(a). Appellant filed a notice of appeal on October
    6, 2022. Thus, Appellant’s untimely notice of appeal prevents this Court from acquiring
    jurisdiction over the appeals.
    Further, under Rule of Appellate Procedure 25.2(d), we are required to dismiss an
    appeal “if a certification that shows the defendant has the right of appeal has not been
    made part of the record.” Here, the trial court’s certifications of Appellant’s right of appeal
    indicate that these are plea-bargain cases with no right of appeal and that Appellant has
    waived the right of appeal. The certifications comport with the record before the Court,
    including the plea papers and waivers signed by Appellant.
    By letter of October 11, 2022, we notified Appellant of the consequences of his late
    notice of appeal and the trial court’s certifications and directed him to show how the Court
    has jurisdiction over the appeals. Appellant has filed a response but has not shown
    grounds for continuing the appeals.
    2
    Accordingly, we dismiss the appeals for want of jurisdiction and based on the trial
    court’s certifications.
    Per Curiam
    Do not publish.
    3
    

Document Info

Docket Number: 07-22-00279-CR

Filed Date: 11/2/2022

Precedential Status: Precedential

Modified Date: 11/3/2022