John David Wyche, IV v. State

DISMISS; and Opinion Filed November 5, 2018.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01310-CR
JOHN DAVID WYCHE, IV, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 397th Judicial District Court
Grayson County, Texas
Trial Court Cause No. 069057
MEMORANDUM OPINION
Before Justices Lang-Miers, Fillmore, and Myers
Opinion by Justice Lang-Miers
John David Wyche, IV, appeals his conviction for possession of four grams or more but
less than 200 grams of methamphetamine. Appellant, who was represented by counsel, entered
into a negotiated plea bargain with the State in which he pleaded guilty to the offense and waived
his right to appeal. See Blanco v. State, 18 S.W.3d 218, 219–20 (Tex. Crim. App. 2000). On April
11, 2018, the trial court accepted appellant’s guilty plea and assessed punishment at eight years in
prison. The trial court prepared and signed a rule 25.2(d) certification concerning appellant’s right
to appeal stating this “is a plea-bargain case, and [appellant] has NO right to appeal.” See TEX. R.
APP. P. 25.2(d).
To challenge his conviction, appellant had to file his notice of appeal with the trial court
clerk within thirty days of the date sentence was imposed, that is, by May 11, 2018. See TEX. R.
APP. P. 26.2(a)(1). Appellant’s October 22, 2018 notice of appeal was untimely, leaving us without
jurisdiction over the appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998)
(per curiam). Moreover, he waived his right to appeal in conjunction with the plea agreement.
TEX. R. APP. P. 25.2(d), 26.2(a). Under these circumstances, we conclude we lack jurisdiction over
this appeal.
We dismiss this appeal.
/Elizabeth Lang-Miers/
ELIZABETH LANG-MIERS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
181310F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JOHN DAVID WYCHE, IV, Appellant On Appeal from the 397th Judicial District
Court, Grayson County, Texas
No. 05-18-01310-CR V. Trial Court Cause No. 069057.
Opinion delivered by Justice Lang-Miers,
THE STATE OF TEXAS, Appellee Justices Fillmore and Myers participating.
Based on the Court’s opinion of this date, we DISMISS this appeal for want of
jurisdiction.
Judgment entered this 5th day of November, 2018.
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