Donald Grady Haynes v. State

• Court: Court of Appeals of Texas
• Decided: October 24, 2013
• Docket: 02-13-00358-CR
• Status: Published

Opinion

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-13-00358-CR

DONALD GRADY HAYNES APPELLANT

V.

THE STATE OF TEXAS STATE

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FROM THE 372ND DISTRICT COURT OF TARRANT COUNTY

MEMORANDUM OPINION 1

On May 20, 2013, as part of a plea-bargain agreement, Appellant Donald

Grady Haynes pleaded guilty to robbery by threats. See Tex. Penal Code Ann.

§ 29.02(a)(2) (West 2011). In accordance with the agreement, the trial court

sentenced Appellant to 20 years’ confinement. The trial court certified that

Appellant had no right to appeal. See Tex. R. App. P. 25.2(a)(2).

1 See Tex. R. App. P. 47.4. On July 17, 2013, Appellant filed a pro se notice of appeal in the trial court.

See Tex. R. App. P. 25.2(c). Appellant filed his notice outside of the mandated

time limitations, which divests this court of jurisdiction over his attempted appeal.

See Tex. R. App. P. 26.2(a), 26.3; Olivo v. State, 918 S.W.2d 519, 522–23 (Tex.

Crim. App. 1996). Therefore, we dismiss the appeal for want of jurisdiction. 2

See Tex. R. App. P. 43.2(f).

PER CURIAM

PANEL: GABRIEL, J.; LIVINGSTON, C.J.; and DAUPHINOT, J.

DO NOT PUBLISH Tex. R. App. P. 47.2(b)

DELIVERED: October 24, 2013

2 We note that Appellant’s appeal would also be subject to dismissal based on the trial court’s certification that Appellant had no right to appeal. See Tex. R. App. P. 25.2(d).