Jerrod Maurice Young v. State

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-17-00795-CR
Jerrod Maurice YOUNG,
Appellant
v.
The STATE of Texas,
Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2017CR8369W
Honorable Steven C. Hilbig, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Luz Elena D. Chapa, Justice
Irene Rios, Justice
Delivered and Filed: January 17, 2018
DISMISSED
On December 15, 2017, this court issued an order notifying appellant that the notice of
appeal was not timely filed and that the trial court’s certification stated this “is a plea-bargain case,
and the defendant has NO right of appeal.” Our December 15, 2017 order notified appellant that
this appeal would be dismissed unless, by January 4, 2018: (1) he filed a response establishing his
notice of appeal was timely filed; and (2) an amended certification showing he has the right to
appeal were made part of the appellate record. No such response or amended certification has been
filed.
04-17-00795-CR
We have reviewed the record, and it supports the trial court’s certification that this is a
plea-bargain case and appellant has no right of appeal. See Dears v. State, 154 S.W.3d 610 (Tex.
Crim. App. 2005) (holding that court of appeals should review clerk’s record to determine whether
trial court’s certification is accurate). Furthermore, the record shows the notice of appeal was not
timely filed. We must therefore dismiss this appeal. See TEX. R. APP. P. 25.2(d) (“The appeal must
be dismissed if a certification that shows the defendant has the right of appeal has not been made
part of the record under these rules.”); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996)
(holding that timely notice of appeal is necessary to invoke court of appeals’ jurisdiction).
PER CURIAM
DO NOT PUBLISH
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