Arlene R. York v. State ( 2016 )

Opinion issued June 9, 2016
In The
Court of Appeals
For The
First District of Texas
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NO. 01-15-01061-CR
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ARLENE R. YORK, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 337th District Court
Harris County, Texas
Trial Court Case No. 1466054
MEMORANDUM OPINION
Appellant, Arlene R. York, pursuant to an agreement with the State, pleaded
guilty to the felony offense of assault on a public servant.1 On August 10, 2015, the
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See TEX. PENAL CODE ANN. § 22.01(a)(1), (b)(1) (Vernon Supp. 2015).
trial court signed an order, deferring adjudication of appellant’s guilt, placing her on
community supervision for a term of four years, and assessing a fine of $400.00.
The trial court certified that this is a plea-bargained case and appellant has no right
of appeal. On December 11, 2015, appellant filed a pro se notice of appeal.
We dismiss the appeal.
We cannot exercise jurisdiction over an appeal without a timely filed notice
of appeal. See TEX. R. APP. P. 26.2(a); see also Slaton v. State, 981 S.W.2d 208, 210
(Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App.
1996). Because the trial court signed the order of deferred adjudication on August
15, 2015, appellant’s notice of appeal was due no later than September 14, 2015.
See TEX. CODE CRIM. PROC. ANN. art. 44.02 (Vernon 2006); TEX. R. APP. P. 26.2(a);
see also Dillehey v. State, 815 S.W.2d 623, 626 (Tex. Crim. App. 1991) (allowing
appeal from order deferring adjudication of guilt). Appellant’s notice of appeal, filed
on December 11, 2015, was untimely, and we do not have jurisdiction to consider
the appeal.
Moreover, the trial court’s certification states that this is a plea bargain case
and appellant has no right of appeal. See TEX. R. APP. P. 25.2(a)(2). “[I]n a plea-
bargain case for deferred adjudication community supervision, the plea bargain is
complete at the time the defendant enters [her] plea of guilty in exchange for deferred
adjudication community supervision.” Hargesheimer v. State, 182 S.W.3d 906, 913
2
(Tex. Crim. App. 2006). Accordingly, rule 25.2 restricts appeal when a defendant
appeals placement on deferred adjudication community supervision. Id. Here, 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 the 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.”).
We dismiss the appeal for want of jurisdiction and dismiss as moot any
pending motions.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Jennings and Lloyd.
Do not publish. TEX. R. APP. P. 47.2(b).
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