Daryl Christopher Pryor v. The State of Texas--Appeal from 338th District Court of Harris County (memorandum opinion per curiam)

 Annotate this Case
Download PDF
Dismissed and Memorandum Opinion filed October 25, 2011. In The Fourteenth Court of Appeals ____________ NO. 14-11-00868-CR ____________ DARYL CHROSTOPHER PRYOR, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 338th District Court Harris County, Texas Trial Court Cause No. 1269804 MEMORANDUM OPINION Appellant entered a guilty plea to robbery. In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant on August 17, 2011, to confinement for twenty years in the Institutional Division of the Texas Department of Criminal Justice. No motion for new trial was filed. Appellant filed a pro se notice of appeal on September 29, 2011. We dismiss the appeal. A defendant s notice of appeal must be filed within thirty days after sentence is imposed when the defendant has not filed a motion for new trial. See Tex. R. App. P. 26.2(a)(1). A notice of appeal in compliance with the requirements of Rule 26 is essential to vest the court of appeals with jurisdiction. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). If an appeal is not timely perfected, a court of appeals does not obtain jurisdiction to address the merits of the appeal. Id. Under those circumstances, it can take no action other than to dismiss the appeal. Id. Moreover, the trial court entered a certification of the defendant s right to appeal in which the court certified that this is a plea bargain case, and the defendant has no right of appeal. See Tex. R. App. P. 25.2(a)(2). The trial court s certification is included in the record on appeal. See Tex. R. App. P. 25.2(d). The record supports the trial court s certification. See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005). Accordingly, the appeal is ordered dismissed. PER CURIAM Panel consists of Justices Brown, Boyce, and McCally. Do Not Publish Tex. R. App. P. 47.2(b). 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.