Ismael Gonzalez v. the State of Texas

Opinion issued May 11, 2023
In The
Court of Appeals
For The
First District of Texas
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NO. 01-22-00669-CR
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ISMAEL GONZALEZ, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 339th District Court
Harris County, Texas
Trial Court Case No. 1527054
MEMORANDUM OPINION
Appellant, Ismael Gonzalez, pleaded guilty to the felony offense of
aggravated assault against a public servant. On December 10, 2021, in accordance
with appellant’s plea agreement with the State, the trial court signed a judgment of
conviction sentencing appellant to fifteen years’ imprisonment. Appellant, acting
pro se, filed a notice of appeal on September 9, 2022. We dismiss the appeal.
In criminal cases, the appellant must file a notice of appeal “within 30 days
after the day sentence is imposed.” TEX. R. APP. P 26.2(a)(1). Because the judgment
appealed was signed on December 10, 2021, appellant’s September 9, 2022 notice
of appeal was filed eight months after the deadline. If an appeal is not timely
perfected, then a court of appeals does not obtain jurisdiction to address the merits
of the appeal and can take no action other than to dismiss the appeal. See Slaton v.
State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). Because appellant’s notice of
appeal was untimely, we lack jurisdiction over this appeal. See TEX. R. APP. P. 25.1.
Moreover, in a plea-bargain case, a defendant may only appeal 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. CODE CRIM. PROC. art. 44.02; 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); see Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005). Here,
the clerk’s record supports the trial court’s certification that this is a plea-bargain
case and that appellant has no right of appeal. See TEX. R. APP. P. 25.2(a)(2), (d);
Dears, 154 S.W.3d at 615. Because appellant has no right of appeal, we must dismiss
this appeal without further action. See Chavez v. State, 183 S.W.3d 675, 680 (Tex.
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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),
must dismiss a prohibited appeal without further action, regardless of the basis for
the appeal.”).
Accordingly, we dismiss this appeal for lack of jurisdiction. We dismiss any
pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Adams and Justices Kelly and Goodman.
Do not publish. TEX. R. APP. P. 47.2(b).
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