Jemadari Chinua Williams v. State

Fourth Court of Appeals
San Antonio, Texas
March 6, 2019
No. 04-19-00032-CR
Jemadari Chinua WILLIAMS,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2018CR6613
Honorable Kevin M. O'Connell, Judge Presiding
ORDER
The trial court imposed sentence in Cause No. 2018CR6613 on December 3, 2018.
Because appellant did not file a motion for new trial, the notice of appeal was due to be filed on
January 2, 2019. TEX. R. APP. P. 26.2(a)(1). A motion for extension of time to file the notice of
appeal was due on January 17, 2019. TEX. R. APP. P. 26.3. On January 17, 2019, appellant filed
a “Notice of Appeal from Negotiated Plea.” Appellant did not file a motion for extension of
time. Because appellant did not timely file a notice of appeal or timely file a motion for
extension of time, we lack jurisdiction over this appeal. See Olivo v. State, 918 S.W.2d 519, 522
(Tex. Crim. App. 1996). [1]
We, therefore, ORDER appellant to show cause on or before March 21, 2019 why this
appeal should not be dismissed for lack of jurisdiction.
_________________________________
Irene Rios, Justice
[1]
We also note the trial court’s certification in this appeal states that “this criminal case is a plea-bargain case, and
the defendant has NO right of appeal.” The clerk’s record contains a written plea bargain, and the punishment
assessed did not exceed the punishment recommended by the prosecutor and agreed to by the defendant; therefore,
the trial court’s certification accurately reflects that the criminal case is a plea-bargain case. See TEX. R. APP. P.
25.2(a)(2). Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, “The appeal must be dismissed if a
certification that shows the defendant has a right of appeal has not been made part of the record under these rules.”
TEX. R. APP. P. 25.2(d).
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 6th day of March, 2019.
___________________________________
KEITH E. HOTTLE,
Clerk of Court