Kurt Conrad Miller v. The State of TexasAppeal from 186th Judicial District Court of Bexar County (memorandum opinion per curiam)
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-14-00088-CR Kurt Conrad MILLER, Appellant v. The STATE of The STATE of Texas, Appellee From the 186th Judicial District Court, Bexar County, Texas Trial Court No. 2012CR8700 Honorable Maria Teresa Herr, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Sandee Bryan Marion, Justice Delivered and Filed: March 5, 2014 DISMISSED FOR LACK OF JURISDICTION The trial court imposed sentence in the underlying cause on August 16, 2013. Appellant filed a timely notice of appeal on September 5, 2013; however, this court dismissed the appeal because the underlying cause was a plea-bargain case, and the trial court s certification showed the appellant did not have the right to appeal. See Miller v. State, No. 04-13-00603-CR, 2013 WL 5575469 (Tex. App. San Antonio Oct. 9, 2013, no pet.). After this court s mandate issued on December 11, 2013, the appellant filed a second notice of appeal on January 29, 2014, stating an intent to appeal a sentence imposed on January 15, 2014. 04-14-00088-CR As previously noted, however, sentence was imposed in the underlying cause on August 16, 2013, and appellant s timely appeal of the trial court s judgment was dismissed. On February 10, 2014, we ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (court of appeals jurisdiction invoked only by timely notice of appeal). Appellant filed a written response stating his desire to repeal [his] signing of the plea bargain agreement. Appellant states he would like his plea bargain agreement changed from two years of community supervision to two years of incarceration. This court has no jurisdiction to consider any issues relating to the trial court s judgment and sentence in the absence of a timely notice of appeal. Because appellant did not have the right to appeal, his prior timely appeal was dismissed; and because appellant s second notice of appeal was not timely filed, this appeal is dismissed for lack of jurisdiction. PER CURIAM DO NOT PUBLISH -2-
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