Garrett Houston Hannes v. the State of Texas

CourtCourt of Appeals of Texas
DecidedMarch 21, 2024
Docket14-24-00122-CR
StatusPublished

This text of Garrett Houston Hannes v. the State of Texas (Garrett Houston Hannes v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Garrett Houston Hannes v. the State of Texas, (Tex. Ct. App. 2024).

Opinion

Appeal dismissed and Memorandum Opinion filed March 21, 2024.

In The

Fourteenth Court of Appeals

NO. 14-24-00122-CR

GARRETT HOUSTON HANNES, Appellant

V. THE STATE OF TEXAS, Appellee

On Appeal from the 268th District Court Fort Bend County, Texas Trial Court Cause No. 20-DCR-093173

MEMORANDUM OPINION

Appellant was placed on deferred-adjudication community supervision for six years in an order signed by the associate judge on June 29, 2021 and ratified by the presiding judge on June 30, 2021. Tex. Code Crim. Proc. Ann. art. 42A1.01. Appellant filed a timely notice of appeal from that order, and we dismissed the appeal for want of jurisdiction because (1) this is a plea-bargain case, and appellant has no right of appeal and (2) appellant has waived his right of appeal. Hannes v. State, No. 14-21-00416-CR, 2022 WL 1548588, at *1 (Tex. App.—Houston [14th Dist.] May 17, 2022, no pet.) (per curiam) (mem. op., not designated for publication); see Tex. R. App. P. 25.2(a)(2).

Appellant filed a second notice of appeal from the June 30, 2021 order on August 16, 2023. We dismissed the second appeal for want of jurisdiction as untimely filed. Hannes v. State, No. 14-23-00589-CR, 2023 WL 6157345, at *1 (Tex. App.—Houston [14th Dist.] Sept. 21, 2023, no pet.) (per curiam) (mem. op., not designated for publication). Appellant filed his current notice of appeal from the June 30, 2021 order on February 15, 2024. While the notice of appeal is unquestionably late, we would have no jurisdiction were that notice timely. As we held in 2022, (1) this is both a plea-bargain case, and appellant has no right of appeal, and (2) appellant has waived his right of appeal.

On February 20, 2024, the parties were notified that the appeal was subject to dismissal without further notice unless a party demonstrated that the court has jurisdiction. No response has been received.

Accordingly, the appeal is dismissed for want of jurisdiction.

PER CURIAM

Panel consists of Justices Jewell, Spain, and Wilson.

Do Not Publish — Tex. R. App. P. 47.2(b).

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Bluebook (online)
Garrett Houston Hannes v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garrett-houston-hannes-v-the-state-of-texas-texapp-2024.