Cardarien J'Von Robert v. The State of Texas Appeal from 435th District Court of Montgomery County (memorandum opinion )
Annotate this Case
Download PDF
In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-15-00044-CR ____________________ CARDARIEN J’VON ROBERT, Appellant V. THE STATE OF TEXAS, Appellee _______________________________________________________ ______________ On Appeal from the 435th District Court Montgomery County, Texas Trial Cause No. 14-08-09266 CR ________________________________________________________ _____________ MEMORANDUM OPINION On November 20, 2014, the trial court sentenced Cardarien J’Von Robert on a conviction for aggravated robbery. Robert filed a notice of appeal on January 8, 2015. The trial court signed a certification 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 district clerk has provided the trial court’s certification to the Court of Appeals. On January 28, 2015, we notified the parties that we would dismiss the 1 appeal unless the appellant established grounds for continuing the appeal. No response has been filed. We must dismiss the appeal because the trial court’s certification shows the defendant does not have the right of appeal. See Tex. R. App. P. 25.2(d). Furthermore, an appeal is perfected by timely filing a sufficient notice of appeal. See Tex. R. App. P. 25.2(b). Robert filed his notice of appeal more than thirty days after the date of sentencing and he failed to file a motion for extension of time and a notice of appeal within fifteen days after the deadline for filing the notice of appeal. See Tex. R. App. P. 26.2(a)(1), 26.3. “If an appeal is not timely perfected, a court of appeals does not obtain jurisdiction to address the merits of the appeal. Under those circumstances it can take no action other than to dismiss the appeal.” Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). Accordingly, we dismiss the appeal. APPEAL DISMISSED. ________________________________ CHARLES KREGER Justice Submitted on March 3, 2015 Opinion Delivered March 4, 2015 Do Not Publish Before McKeithen, C.J., Kreger and Johnson, JJ. 2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.
