Gary A. Dunn v. The State of Texas Appeal from 27th District Court of Bell County (memorandum opinion)
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-19-00114-CR NO. 03-19-00115-CR NO. 03-19-00116-CR Gary A. Dunn, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT NOS. 64750, 75669 & 75670, HONORABLE JOHN GAUNTT, JUDGE PRESIDING MEMORANDUM OPINION In the above causes, appellant Gary A. Dunn has filed notices of appeal from three judgments of conviction for the felony offense of driving while intoxicated, one from 2010 and two from 2016. In all three causes, the district court has certified that these are plea-bargain cases, the defendant has no right of appeal, and the defendant has waived the right of appeal. Additionally, all three notices of appeal are untimely. Dunn was convicted on April 22, 2010, in trial court cause number 64750, and on October 20, 2016, in trial court cause numbers 75669 and 75670. His notices of appeal in all three causes were filed on February 25, 2019, well beyond the deadline for filing a notice of appeal. See Tex. R. App. P. 26.2(a) (providing that notice of appeal must be filed within 30 days after day sentence is imposed or suspended in open court, or within 90 days if motion for new trial is timely filed). Under these circumstances, we have no choice but to dismiss these appeals for want of jurisdiction. See Tex. R. App. P. 25.2(a)(2), (d), 26.2(a); Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006); Slaton v. State, 981 S.W.2d 208 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519 (Tex. Crim. App. 1996). __________________________________________ Gisela D. Triana, Justice Before Justices Goodwin, Baker, and Triana Dismissed for Want of Jurisdiction Filed: March 26, 2019 Do Not Publish 2
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