David A. Riggs v. State

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-17-00456-CR
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DAVID A. RIGGS, Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the 163rd District Court
Orange County, Texas
Trial Cause No. B160099-R
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MEMORANDUM OPINION
On August 1, 2017, the trial court sentenced David A. Riggs to thirty years in
prison for aggravated robbery. The trial court certified that Riggs had no right to
appeal. See Tex. R. App. P. 25.2(a)(2). Nonetheless, Riggs filed a notice of appeal
on November 27, 2017.
The Court finds that the notice of appeal was not timely filed. See Tex. R.
App. P. 26.2(a)(1). Riggs also did not file a timely motion for extension of time to
file his appeal. See Tex. R. App. P. 26.3. We hold that the Court has no jurisdiction
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over Riggs’ appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App.
1998). We must also dismiss Riggs’ appeal because the trial court’s certification
shows that he does not have the right to appeal. See Tex. R. App. P. 25.2(d). The
appeal is dismissed. See Tex. R. App. P. 43.2(f).
APPEAL DISMISSED.
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HOLLIS HORTON
Justice
Submitted on January 9, 2018
Opinion Delivered January 10, 2018
Do Not Publish
Before McKeithen, C.J., Kreger and Horton, JJ.
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