Haxan Waldell Palmer v. State

Opinion

DISMISS and Opinion Filed February 8, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00046-CR No. 05-21-00084-CR HAXAN WALDELL PALMER, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 283rd Judicial District Court Dallas County, Texas Trial Court Cause No. F18-58281-T & F18-58280-T

MEMORANDUM OPINION Before Justices Molberg, Reichek, and Nowell Opinion by Justice Reichek On December 10, 2020, Haxan Waldell Palmer filed a pro se notice of appeal

with the Dallas County District Clerk for both of the above appeals. In the notice, he

stated he was appealing his October 4, 2019 convictions. On January 21, 2021, he

filed a “Notice of Appeal Bond Hearing” in appellate cause number 05-21-00046-

CR, asking for an appeal bond.

A defendant perfects his appeal by timely filing a written notice of appeal with

the trial court clerk. See TEX. R. APP. P. 25.2(b), (c). 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. See

TEX. R. APP. P. 26.2(a). In the absence of a timely perfected notice of appeal, the

Court must dismiss the appeal. 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).

In these cases, the trial court entered judgment on October 4, 2019. Although

appellant filed motions for new trial, they were untimely; therefore, his notice of

appeal was due on November 4, 2019. See TEX. R. APP. P. 4.1(a), 26.2(a)(1). Because

it was filed on December 10, 2020, after the time provided by the rules of appellate

procedure, his appeals are untimely, and we lack jurisdiction over these cases.

We also note that after appellant, who was represented by counsel, was found

guilty by a jury, he entered into negotiated plea bargains with the State regarding

punishment. Under the plea agreements, appellant agreed to waive his right to

appeal in exchange for the State’s agreement to recommend punishment of seven

years in prison in each case. See Blanco v. State, 18 S.W.3d 218, 219–20 (Tex.

Crim. App. 2000). The trial court followed the punishment plea agreement, assessed

punishment at seven years in prison in each case, and prepared and signed rule

25.2(d) certifications of appellant’s right to appeal stating “the defendant has waived

his right of appeal.” See TEX. R. APP. P. 25.2(d).

–2– Under these circumstances, we have no alternative other than to dismiss the

appeals for lack of jurisdiction. We deny any outstanding motions.

/Amanda L. Reichek/ AMANDA L. REICHEK JUSTICE

Do Not Publish TEX. R. APP. P. 47.2(b) 210046F.U05

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

HAXAN WALDELL PALMER, On Appeal from the 283rd Judicial Appellant District Court, Dallas County, Texas Trial Court Cause No. F18-58281-T. No. 05-21-00046-CR V. Opinion delivered by Justice Reichek. Justices Molberg and THE STATE OF TEXAS, Appellee Nowell participating.

Based on the Court’s opinion of this date, we DISMISS this appeal.

Judgment entered February 8, 2021

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

HAXAN WALDELL PALMER, On Appeal from the 283rd Judicial Appellant District Court, Dallas County, Texas Trial Court Cause No. F18-58280-T. No. 05-21-00084-CR V. Opinion delivered by Justice Reichek. Justices Molberg and THE STATE OF TEXAS, Appellee Nowell participating.

Based on the Court’s opinion of this date, we DISMISS this appeal.

–5–