Haxan Waldell Palmer v. State ( 2021 )

DISMISS and Opinion Filed February 8, 2021
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00046-CR
No. 05-21-00084-CR
HAXAN WALDELL PALMER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 283rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F18-58281-T & F18-58280-T
MEMORANDUM OPINION
Before Justices Molberg, Reichek, and Nowell
Opinion by Justice Reichek
On December 10, 2020, Haxan Waldell Palmer filed a pro se notice of appeal
with the Dallas County District Clerk for both of the above appeals. In the notice, he
stated he was appealing his October 4, 2019 convictions. On January 21, 2021, he
filed a “Notice of Appeal Bond Hearing” in appellate cause number 05-21-00046-
CR, asking for an appeal bond.
A defendant perfects his appeal by timely filing a written notice of appeal with
the trial court clerk. See TEX. R. APP. P. 25.2(b), (c). To be timely, the notice of
appeal must be filed within thirty days after the date sentence was imposed or within
ninety days after sentencing if the defendant timely filed a motion for new trial. See
TEX. R. APP. P. 26.2(a). In the absence of a timely perfected notice of appeal, the
Court must dismiss the appeal. Ex parte Castillo, 369 S.W.3d 196, 198 (Tex. Crim.
App. 2012); Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per
curiam).
In these cases, the trial court entered judgment on October 4, 2019. Although
appellant filed motions for new trial, they were untimely; therefore, his notice of
appeal was due on November 4, 2019. See TEX. R. APP. P. 4.1(a), 26.2(a)(1). Because
it was filed on December 10, 2020, after the time provided by the rules of appellate
procedure, his appeals are untimely, and we lack jurisdiction over these cases.
We also note that after appellant, who was represented by counsel, was found
guilty by a jury, he entered into negotiated plea bargains with the State regarding
punishment. Under the plea agreements, appellant agreed to waive his right to
appeal in exchange for the State’s agreement to recommend punishment of seven
years in prison in each case. See Blanco v. State, 18 S.W.3d 218, 219–20 (Tex.
Crim. App. 2000). The trial court followed the punishment plea agreement, assessed
punishment at seven years in prison in each case, and prepared and signed rule
25.2(d) certifications of appellant’s right to appeal stating “the defendant has waived
his right of appeal.” See TEX. R. APP. P. 25.2(d).
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Under these circumstances, we have no alternative other than to dismiss the
appeals for lack of jurisdiction. We deny any outstanding motions.
/Amanda L. Reichek/
AMANDA L. REICHEK
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
210046F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
HAXAN WALDELL PALMER, On Appeal from the 283rd Judicial
Appellant District Court, Dallas County, Texas
Trial Court Cause No. F18-58281-T.
No. 05-21-00046-CR V. Opinion delivered by Justice
Reichek. Justices Molberg and
THE STATE OF TEXAS, Appellee Nowell participating.
Based on the Court’s opinion of this date, we DISMISS this appeal.
Judgment entered February 8, 2021
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
HAXAN WALDELL PALMER, On Appeal from the 283rd Judicial
Appellant District Court, Dallas County, Texas
Trial Court Cause No. F18-58280-T.
No. 05-21-00084-CR V. Opinion delivered by Justice
Reichek. Justices Molberg and
THE STATE OF TEXAS, Appellee Nowell participating.
Based on the Court’s opinion of this date, we DISMISS this appeal.
Judgment entered February 8, 2021
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