Gary Paul Branch v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 20, 2025
• Docket: 07-25-00163-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-25-00163-CR

GARY PAUL BRANCH, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 47th District Court Randall County, Texas Trial Court No. 32990A, Honorable Dee Johnson, Presiding

June 20, 2025 MEMORANDUM OPINION Before QUINN, C.J., and PARKER and DOSS, JJ.

Appellant, Gary Paul Branch, appeals his conviction for assault family violence 1

and sentence to four years of confinement. We dismiss the untimely appeal for want of

jurisdiction and because Appellant has no right of appeal.

The trial court sentenced Appellant on May 8, 2024. Because no motion for new

trial was filed, a notice of appeal was due within thirty days after sentencing, by June 7,

1 See TEX. PENAL CODE ANN. § 22.01(b)(2)(A). 2024. See TEX. R. APP. P. 26.2(a) (requiring a notice of appeal in a criminal case to be

filed within thirty days after sentence is imposed or within ninety days if the defendant

timely files a motion for new trial). On May 12, 2025, Appellant filed documents with this

Court challenging his conviction. We have construed the documents as a notice of

appeal. Appellant’s untimely notice of appeal, however, prevents this Court from

acquiring jurisdiction over the appeal. See Castillo v. State, 369 S.W.3d 196, 198 (Tex.

Crim. App. 2012) (“If a notice of appeal is not timely filed, the court of appeals has no

option but to dismiss the appeal for lack of jurisdiction.”).

Further, under Rule of Appellate Procedure 25.2(d), we are required to dismiss an

appeal “if a certification that shows the defendant has the right of appeal has not been

made part of the record.” Here, the trial court’s certification of Appellant’s right of appeal

indicates that this is a plea-bargain case with no right of appeal and that Appellant has

waived the right of appeal. The certification comports with the record before the Court.

By letter of May 19, 2025, we notified Appellant of the consequences of his late

notice of appeal and the trial court’s certification and directed him to show how the Court

has jurisdiction over the appeal. Appellant has not filed a response or had any further

communication with this Court to date.

Accordingly, we dismiss the appeal for want of jurisdiction and based on the trial

court’s certification.

Per Curiam

Do not publish.