Juan Manuel Chacon v. State

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-19-00060-CR
No. 07-19-00061-CR
No. 07-19-00062-CR
JUAN MANUEL CHACON, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 320th District Court
Potter County, Texas
Trial Court Nos. 72,775-D, 73,641-D, 73,642-D, Honorable Don Emerson, Presiding
March 11, 2019
MEMORANDUM OPINION
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
Pursuant to a plea bargain agreement, appellant, Juan Manuel Chacon, was
convicted of assault of a family or household member, enhanced,1 and two counts of
aggravated assault with a deadly weapon.2 He was sentenced to twenty years’
1 TEX. PENAL CODE ANN. §§ 22.01(a)(1), (b)(2)(A); 12.42(a) (West Supp. 2018).
2 TEX. PENAL CODE ANN. § 22.02(a)(2) (West 2011).
confinement for each offense, with the sentences to run concurrently. Appellant has filed
a notice of appeal, proceeding pro se, challenging his convictions. We dismiss the
appeals 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
criminal case, the notice of appeal must be filed within thirty days after sentence is
imposed or within ninety days after sentence is imposed 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, we
have no option but to dismiss the appeal for want of jurisdiction. Castillo, 369 S.W.3d at
198.
Appellant was sentenced on September 27, 2017. Because no motion for new
trial was filed, a notice of appeal was due within thirty days after the sentences were
imposed, by October 27, 2017. See TEX. R. APP. P. 26.2(a). Appellant did not file a notice
of appeal until February 4, 2019. Accordingly, his untimely filed notice of appeal prevents
this court from acquiring jurisdiction over the appeals.
Furthermore, the trial court’s certifications of appellant’s right of appeal certify that
these are plea-bargain cases from which appellant has no right of appeal and that
appellant has waived the right of appeal. We are required by appellate rule 25.2(d) to
dismiss an appeal “if a certification that shows the defendant has the right of appeal has
not been made part of the record.” TEX. R. APP. P. 25.2(d).
2
By letter dated February 6, 2019, we notified appellant of the consequences of his
late notice of appeal and the trial court’s certifications and invited him to demonstrate
other grounds for continuing the appeals. Appellant did not respond to our letter.
Accordingly, we dismiss the appeals for want of jurisdiction and based on the trial
court’s certifications.
Per Curiam
Do not publish.
3