David Raymond Hensley v. State

• Court: Court of Appeals of Texas
• Decided: May 7, 2015
• Docket: 10-15-00144-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-15-00144-CR

DAVID RAYMOND HENSLEY, Appellant v.

THE STATE OF TEXAS, Appellee

From the 220th District Court Bosque County, Texas Trial Court No. CR14961

MEMORANDUM OPINION

On April 17, 2015, Appellant David Raymond Hensley filed a pro se notice of

appeal of his conviction for possession of a controlled substance (methamphetamine) in

an amount of one gram or more but less than four grams. Hensley’s imposition of

sentence was on February 5, 2015, and the judgment of conviction was signed on

February 12, 2015. Hensley’s notice of appeal is untimely, and we have no jurisdiction of

an untimely appeal. See TEX. R. APP. P. 26.2(a)(1); Olivo v. State, 918 S.W.2d 519, 522 (Tex.

Crim. App. 1996) (no appellate jurisdiction where notice of appeal is untimely). The trial court’s certification of defendant’s right to appeal in this case also

indicates that this “is a plea-bargain case, and the Defendant has NO right of appeal” and

that Hensley “has waived the right of appeal.” This appeal is therefore dismissed. 1 See

TEX. R. APP. P. 25.2(d); Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006) (“A

court of appeals … must dismiss a prohibited appeal without further action, regardless

of the basis for the appeal.”); Davis v. State, 205 S.W.3d 606, 607 (Tex. App.—Waco 2006,

no pet.).

REX D. DAVIS Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Dismissed Opinion delivered and filed May 7, 2015 Do not publish [CRPM]

1A motion for rehearing may be filed within 15 days after the judgment or order of this Court is rendered. See TEX. R. APP. P. 49.1. If the appellant desires to have the decision of this Court reviewed by filing a petition for discretionary review, that petition must be filed in the Court of Criminal Appeals within 30 days after either the day the court of appeals’ judgment was rendered or the day the last timely motion for rehearing was overruled by the court of appeals. See TEX. R. APP. P. 68.2(a).

Hensley v. State Page 2