Aaron Lee Brotherton v. The State of Texas Appeal from 54th District Court of McLennan County (memorandum opinion)
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IN THE TENTH COURT OF APPEALS No. 10-17-00366-CR AARON LEE BROTHERTON, Appellant v. THE STATE OF TEXAS, Appellee From the 54th District Court McLennan County, Texas Trial Court No. 2015-1172-C2 MEMORANDUM OPINION Aaron Lee Brotherton has filed a “Petition for Leave to File Out-of-Time Appeal.” He requests that we grant him leave to file an out-of-time appeal from the judgment of conviction and sentence rendered against him on May 8, 2017. We, however, have no jurisdiction to grant an untimely appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Furthermore, the trial court’s certification of Brotherton’s right of appeal, which Brotherton and his counsel signed, indicates that the underlying case was a pleabargain case and that Brotherton has no right of appeal and also that Brotherton has waived his right of appeal. Therefore, even if we had jurisdiction to grant Brotherton an out-of-time appeal, the appeal must be dismissed. See TEX. R. APP. P. 25.2(d) (“The appeal must be dismissed if a certification that shows the defendant has the right of appeal has not been made part of the record under these rules.”); Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006) (plea bargain); Monreal v. State, 99 S.W.3d 615, 622 (Tex. Crim. App. 2003) (waiver of appeal). For these reasons, we dismiss Brotherton’s “Petition for Leave to File Out-of-Time Appeal.” REX D. DAVIS Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Dismissed Opinion delivered and filed November 22, 2017 Do not publish [CR25] Brotherton v. State Page 2
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