Gregg Alan Arvo v. the State of Texas ( 2024 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-24-00177-CR
GREGG ALAN ARVO, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 31st District Court
Gray County, Texas
Trial Court No. 11607, Honorable Phil N. Vanderpool, Presiding
June 10, 2024
MEMORANDUM OPINION
Before QUINN, C.J., and PARKER and DOSS, JJ.
Appellant, Greg Alan Arvo, appeals his conviction for manufacture or delivery of a
controlled substance 1 and sentence to thirty-five years of confinement. We dismiss the
untimely 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
1 See TEX. HEALTH & SAFETY CODE ANN. § 481.112(d).
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 February 14, 2023. Because no motion for
new trial was filed, a notice of appeal was due within thirty days after sentencing, by
March 16, 2023. See TEX. R. APP. P. 26.2(a). Appellant filed a notice of appeal on May
15, 2024. Appellant’s untimely notice of appeal, thus, prevents this Court from acquiring
jurisdiction over the appeal.
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 certification of Appellant’s right of appeal
indicates that this is a plea-bargain case with no right of appeal and that Appellant has
waived the right of appeal. The certification comports with the record before the Court.
By letter of May 17, 2024, we notified Appellant of the consequences of his late
notice of appeal and the trial court’s certification and directed him to show how the Court
has jurisdiction over the appeal by May 28. Appellant has filed a response but failed to
demonstrate grounds for continuing the appeal.
Accordingly, we dismiss the appeal for want of jurisdiction and based on the trial
court’s certification.
Per Curiam
Do not publish.
2