John Edward Green, Jr v. State

Opinion issued April 5, 2012.
In The
Court of Appeals
For The
First District of Texas
NO. 01-11-01000-CR
____________
JOHN EDWARD GREEN, JR., Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 177th District Court
Harris County, Texas
Trial Court Cause No. 1170853
MEMORANDUM OPINION
Appellant, John Edward Green, Jr., was charged with the offense of capital
murder. Pursuant to appellant’s agreement with the State, appellant pleaded guilty
to the lesser-included offense of murder and the State recommended punishment of
confinement for 40 years. The trial court found appellant guilty and, in accordance
with the plea agreement, sentenced appellant to 40 years’ confinement. Appellant
filed a pro se notice of appeal. We dismiss the appeal.
In a plea bargain case, a defendant may appeal only those matters that were
raised by written motion filed and ruled on before trial, or after getting the trial
court’s permission to appeal. TEX. R. APP. P. 25.2(a)(2). An appeal must be
dismissed if a certification showing that the defendant has the right of appeal has
not been made part of the record. TEX. R. APP. P. 25.2(d).
The trial court’s certification, which is included in the record on appeal,
states that this is a plea bargain case and that the defendant has no right of appeal.
See TEX. R. APP. P. 25.2(a)(2). The record supports the trial court’s certification.
See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005). Because
appellant has no right of appeal, we must dismiss this appeal. See Chavez v. State,
183 S.W.3d 675, 680 (Tex. Crim. App. 2006) (“A court of appeals, while having
jurisdiction to ascertain whether an appellant who plea-bargained is permitted to
appeal by Rule 25.2(a)(2), must dismiss a prohibited appeal without further action,
regardless of the basis for the appeal.”).
Furthermore, appellant’s notice of appeal was untimely filed. Appellant’s
sentence was imposed on July 6, 2011. Appellant did not file a motion for new
trial. See TEX. R. APP. P. 26.2(a)(2). Therefore, a notice of appeal, had it been
2
authorized by the trial court’s certification, would have been due on or before
August 5, 2011. See TEX. R. APP. P. 26.2(a)(1). Appellant filed his notice of appeal
on October 27, 2011. The court of criminal appeals has expressly held that, without
a timely filed notice of appeal, we cannot exercise jurisdiction over an appeal. See
Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); see also Slaton v.
State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998).
Accordingly, we dismiss the appeal for want of jurisdiction. All pending
motions are dismissed as moot.
PER CURIAM
Panel consists of Justices Keyes, Bland, and Sharp.
Do not publish. TEX. R. APP. P. 47.2(b).
3