Jason Ratcliff v. State

Opinion

No. 04-02-00653-CR Jason RATCLIFF, Appellant v. The STATE of Texas, Appellee From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2002-CR-0066 Honorable Mark Luitjen, Judge Presiding

PER CURIAM

Sitting: Sarah B. Duncan, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: October 9, 2002

DISMISSED FOR LACK OF JURISDICTION

Jason Ratcliff pled guilty to a felony and on June 26, 2002, the trial court sentenced him in accordance with the terms of his plea bargain agreement. Ratcliff did not file a motion for new trial. The deadline for filing a notice of appeal was therefore July 26, 2002, and the deadline for filing a motion for extension of time to file the notice of appeal was August 12, 2002. Tex. R. App. P. 26.2(a)(1), 26.3. Ratcliff filed a general notice of appeal and a motion for leave to file a notice of appeal on September 17, 2002.

Because the notice of appeal and motion for leave to file a late notice were not timely filed, we lack jurisdiction to entertain the appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Moreover, the notice of appeal fails to specify one of the allowable bases for appealing a plea-bargained felony conviction and thus fails to comply with Rule 25.2(b)(3) of the Texas Rules of Appellate Procedure. The court would therefore have no jurisdiction over the appeal even if the notice of appeal had been timely filed. See White v. State, 61 S.W.3d 424 (Tex. Crim. App. 2001). Accordingly, we dismiss the appeal and the motion for leave to file a late notice of appeal for want of jurisdiction.

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