Donald Grady Haynes v. The State of TexasAppeal from 372nd District Court of Tarrant County (memorandum opinion per curiam)

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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-13-00358-CR DONALD GRADY HAYNES APPELLANT V. THE STATE OF TEXAS STATE ---------FROM THE 372ND DISTRICT COURT OF TARRANT COUNTY ---------- MEMORANDUM OPINION 1 ---------On May 20, 2013, as part of a plea-bargain agreement, Appellant Donald Grady Haynes pleaded guilty to robbery by threats. See Tex. Penal Code Ann. § 29.02(a)(2) (West 2011). In accordance with the agreement, the trial court sentenced Appellant to 20 years confinement. The trial court certified that Appellant had no right to appeal. See Tex. R. App. P. 25.2(a)(2). 1 See Tex. R. App. P. 47.4. On July 17, 2013, Appellant filed a pro se notice of appeal in the trial court. See Tex. R. App. P. 25.2(c). Appellant filed his notice outside of the mandated time limitations, which divests this court of jurisdiction over his attempted appeal. See Tex. R. App. P. 26.2(a), 26.3; Olivo v. State, 918 S.W.2d 519, 522 23 (Tex. Crim. App. 1996). Therefore, we dismiss the appeal for want of jurisdiction. 2 See Tex. R. App. P. 43.2(f). PER CURIAM PANEL: GABRIEL, J.; LIVINGSTON, C.J.; and DAUPHINOT, J. DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: October 24, 2013 2 We note that Appellant s appeal would also be subject to dismissal based on the trial court s certification that Appellant had no right to appeal. See Tex. R. App. P. 25.2(d). 2

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