George Walter Fulco v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 20, 2024
• Docket: 05-24-00866-CR
• Status: Published

Opinion

Dismissed and Opinion Filed August 20, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00866-CR

GEORGE WALTER FULCO, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 291st Judicial District Court Dallas County, Texas Trial Court Cause No. F19-59934

MEMORANDUM OPINION Before Justices Partida-Kipness, Pedersen, III, and Carlyle Opinion by Justice Partida-Kipness

George Walter Fulco appeals his conviction for evading arrest and detention

with a vehicle. We dismiss this appeal for want of jurisdiction.

BACKGROUND

On December 13, 2019, Fulco was indicted for the offense of evading arrest

and detention with a vehicle. On May 7, 2021, Fulco, his attorney, the prosecutor,

and the trial court signed a plea agreement providing Fulco would plead guilty, and

the State would recommend a sentence of two years’ imprisonment. Fulco also signed a judicial confession admitting to committing the offense of evading arrest

and detention with a vehicle as charged in the charging instrument.

The plea agreement contained two provisions concerning Fulco’s right of

appeal. First, in the court’s admonitions to defendant, the plea agreement stated, “If

the punishment assessed does not exceed the agreement between you and the

prosecutor, the Court must give its permission to you before you may appeal on any

matter in this case except for those matters raised by written motions prior to trial.”

Second, the plea agreement stated, “the defendant herein states that he Waives the

right to appeal to the Court of Appeals.” Further, the trial court, Fulco, and his

counsel signed the trial court’s certification of defendant’s right of appeal, which

stated, “I certify that this criminal case is a plea-bargain case, and the defendant has

NO right of appeal.”

The trial court then sentenced Fulco to two years’ imprisonment in accordance

with the State’s recommendation in the plea agreement. On July 22, 2024, more than

three years later, Fulco filed a notice of appeal in the trial court.

APPLICABLE LAW

The Texas Rules of Appellate Procedure require an appellant to timely file his

written notice of appeal. To be timely, the notice of appeal must be filed within thirty

days after the date sentence was imposed or within ninety days after sentencing if

the defendant timely filed a motion for new trial. TEX. R. APP. P. 26.2(a). The time

to file a notice of appeal may be extended if the party files, within fifteen days of the

–2– filing deadline, the notice of appeal in the trial court and a motion to extend the time

to file the notice of appeal in the court of appeals. TEX. R. APP. P. 10.5(b), 26.3. In

the absence of a timely perfected notice of appeal, the Court must dismiss the appeal

for lack of jurisdiction. Ex parte Castillo, 369 S.W.3d 196, 198 (Tex. Crim. App.

2012); Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam).

ANALYSIS

Here, Fulco filed his notice of appeal more than three years after the date

sentence was imposed. His notice of appeal was, therefore, not timely filed, and we

do not have jurisdiction over this case. See TEX. R. APP. P. 10.5(b), 26.2(a), 26.3; see

also Ex parte Castillo, 369 S.W.3d at 198. Accordingly, we dismiss this appeal for

want of jurisdiction. See TEX. R. APP. P. 43.2 (f).

/Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS Do Not Publish JUSTICE TEX. R. APP. P. 47.2(b) 240866F.U05

–3– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

GEORGE WALTER FULCO, On Appeal from the 291st Judicial Appellant District Court, Dallas County, Texas Trial Court Cause No. F19-59934. No. 05-24-00866-CR V. Opinion delivered by Justice Partida- Kipness. Justices Pedersen, III and THE STATE OF TEXAS, Appellee Carlyle participating.

Based on the Court’s opinion of this date, this appeal is dismissed for want of jurisdiction.

Judgment entered this 20th day of August 2024.

–4–