Gregg Alan Arvo v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 10, 2024
• Docket: 07-24-00177-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-24-00177-CR

GREGG ALAN ARVO, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 31st District Court Gray County, Texas Trial Court No. 11607, Honorable Phil N. Vanderpool, Presiding

June 10, 2024 MEMORANDUM OPINION Before QUINN, C.J., and PARKER and DOSS, JJ.

Appellant, Greg Alan Arvo, appeals his conviction for manufacture or delivery of a

controlled substance 1 and sentence to thirty-five years of confinement. We dismiss the

untimely appeal for want of jurisdiction and because Appellant has no right of appeal.

The timely filing of a written notice of appeal is a jurisdictional prerequisite to

hearing an appeal. Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012). In a

1 See TEX. HEALTH & SAFETY CODE ANN. § 481.112(d). criminal case, the notice of appeal must be filed within thirty days after sentence is

imposed or suspended or within ninety days if the defendant timely files a motion for new

trial. TEX. R. APP. P. 26.2(a). If a notice of appeal is not timely filed, an appellate court

has no option but to dismiss the appeal for want of jurisdiction. Castillo, 369 S.W.3d at

198.

The trial court sentenced Appellant on February 14, 2023. Because no motion for

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

March 16, 2023. See TEX. R. APP. P. 26.2(a). Appellant filed a notice of appeal on May

15, 2024. Appellant’s untimely notice of appeal, thus, prevents this Court from acquiring

jurisdiction over the appeal.

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 17, 2024, 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 by May 28. Appellant has filed a response but failed to

demonstrate grounds for continuing the appeal.

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

court’s certification.

Per Curiam

Do not publish. 2