Benjamin Alan Morrison v. State

• Court: Court of Appeals of Texas
• Decided: June 29, 2011
• Docket: 10-11-00157-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-11-00157-CR

BENJAMIN ALAN MORRISON, Appellant v.

THE STATE OF TEXAS, Appellee

From the 19th District Court McLennan County, Texas Trial Court No. 2010-997-C1

MEMORANDUM OPINION

Benjamin Alan Morrison, pro se, appeals from his plea-bargained felony

convictions. The Clerk warned Morrison that the Court would dismiss his appeal

because his notice of appeal was not timely filed unless, within 21 days, a response was

filed showing grounds for continuing the appeal. The Clerk also warned Morrison that

because the trial court noted on the certification of defendant’s right of appeal that he

had no right of appeal and Morrison had signed a waiver of his right to appeal, the

Court would dismiss the appeal unless, within 21 days, we received a certification stating that Morrison has a right to appeal or a response was filed showing grounds for

continuing the appeal. See TEX. R. APP. P. 25.2(d); Chavez v. State, 183 S.W.3d 675, 680

(Tex. Crim. App. 2006). Morrison has not responded.

The date sentence was imposed was March 21, 2011. Morrison’s notice of appeal

was filed on May 4, 2011 and was thus untimely. See TEX. R. APP. P. 26.2(a)(1)

(providing that notice of appeal must be filed within 30 days after date sentence

imposed or 30 days after entry of appealable order). Because Morrison’s notice of

appeal is untimely, we lack jurisdiction. Furthermore, there is no certification that

permits Morrison to appeal, and he waived his right to appeal. See Chavez, 183 S.W.3d

at 680; Davis v. State, 205 S.W.3d 606, 607 (Tex. App.—Waco 2006, no pet.).

We dismiss the appeal. Morrison’s motion to “recuse” the District Attorney is

dismissed as moot.

REX D. DAVIS Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal dismissed; motion dismissed as moot Opinion delivered and filed June 29, 2011 Do not publish [CRPM]

Morrison v. State Page 2