Charles Earl Greer v. State ( 2017 )

IN THE
TENTH COURT OF APPEALS
No. 10-17-00059-CR
CHARLES EARL GREER,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 82nd District Court
Falls County, Texas
Trial Court No. 9635
MEMORANDUM OPINION
Charles Earl Greer was charged with possession of marijuana over four ounces but
less than five pounds. See TEX. HEALTH & SAFETY CODE ANN. § 481.121(b)(3) (West 2010).
Judgment was deferred and Greer was placed on community supervision per the trial
court’s order filed on November 10, 2016.
Greer now attempts to appeal from an order denying Greer’s motion to withdraw
his guilty plea. His notice of appeal was filed on February 14, 2017. Notwithstanding
that an order denying a motion to withdraw a guilty plea, by itself, is not a final,
appealable order, Greer’s notice of appeal from the underlying deferral of adjudication,
the only final, appealable order in this case, is untimely, and we have no jurisdiction of
this appeal. See TEX. R. APP. P. 26.2 (“the notice of appeal must be filed…within 30 days
after the date sentence is imposed or suspended in open court, or after the day the trial
court enters an appealable order….”); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App.
1996) (no appellate jurisdiction where notice of appeal is untimely). Further, the trial
court’s certification of Greer's right of appeal indicates Greer has no right to appeal, and
this appeal must be dismissed. See TEX. R. APP. P. 25.2(d) (“The appeal must be dismissed
if a certification that shows the defendant has the right of appeal has not been made part
of the record under these rules.”); Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App.
2006) (plea bargain).
Accordingly, for the reasons stated, this appeal is dismissed.1 Greer’s Motion to
Withdraw and Motion to Appoint Counsel are dismissed as moot.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Motion dismissed as moot
Opinion delivered and filed March 22, 2017
Do not publish
[CR25]
1A motion for rehearing may be filed within 15 days after the judgment of this Court is rendered. See TEX.
R. APP. P. 49.1. If the appellant desires to have the decision of this Court reviewed by filing a petition for
discretionary review, that petition must be filed with the Court of Criminal Appeals within 30 days after
either the day this Court’s judgment was rendered or the day the last timely motion for rehearing was
overruled by this Court. See TEX. R. APP. P. 68.2(a).
Greer v. State Page 2