Jemadari Chinua Williams v. State

Court of Appeals of Texas

Jemadari Chinua Williams v. State

DecidedMarch 6, 2019

Docket04-19-00032-CR

StatusPublished

This text of Jemadari Chinua Williams v. State (Jemadari Chinua Williams v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Jemadari Chinua Williams v. State, (Tex. Ct. App. 2019).

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Fourth Court of Appeals San Antonio, Texas March 6, 2019

No. 04-19-00032-CR

Jemadari Chinua WILLIAMS, Appellant

v.

The STATE of Texas, Appellee

From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2018CR6613 Honorable Kevin M. O'Connell, Judge Presiding

ORDER The trial court imposed sentence in Cause No. 2018CR6613 on December 3, 2018. Because appellant did not file a motion for new trial, the notice of appeal was due to be filed on January 2, 2019. TEX. R. APP. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on January 17, 2019. TEX. R. APP. P. 26.3. On January 17, 2019, appellant filed a “Notice of Appeal from Negotiated Plea.” Appellant did not file a motion for extension of time. Because appellant did not timely file a notice of appeal or timely file a motion for extension of time, we lack jurisdiction over this appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). [1]

We, therefore, ORDER appellant to show cause on or before March 21, 2019 why this appeal should not be dismissed for lack of jurisdiction.

_________________________________ Irene Rios, Justice

[1] We also note the trial court’s certification in this appeal states that “this criminal case is a plea-bargain case, and the defendant has NO right of appeal.” The clerk’s record contains a written plea bargain, and the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by the defendant; therefore, the trial court’s certification accurately reflects that the criminal case is a plea-bargain case. See TEX. R. APP. P. 25.2(a)(2). Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, “The appeal must be dismissed if a certification that shows the defendant has a right of appeal has not been made part of the record under these rules.” TEX. R. APP. P. 25.2(d). IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 6th day of March, 2019.

___________________________________ KEITH E. HOTTLE, Clerk of Court

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Fourth Court of Appeals San Antonio, Texas March 6, 2019

No. 04-19-00032-CR

Jemadari Chinua WILLIAMS, Appellant

v.

The STATE of Texas, Appellee

From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2018CR6613 Honorable Kevin M. O'Connell, Judge Presiding

ORDER The trial court imposed sentence in Cause No. 2018CR6613 on December 3, 2018. Because appellant did not file a motion for new trial, the notice of appeal was due to be filed on January 2, 2019. TEX. R. APP. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on January 17, 2019. TEX. R. APP. P. 26.3. On January 17, 2019, appellant filed a “Notice of Appeal from Negotiated Plea.” Appellant did not file a motion for extension of time. Because appellant did not timely file a notice of appeal or timely file a motion for extension of time, we lack jurisdiction over this appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). [1]

We, therefore, ORDER appellant to show cause on or before March 21, 2019 why this appeal should not be dismissed for lack of jurisdiction.

_________________________________ Irene Rios, Justice

[1] We also note the trial court’s certification in this appeal states that “this criminal case is a plea-bargain case, and the defendant has NO right of appeal.” The clerk’s record contains a written plea bargain, and the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by the defendant; therefore, the trial court’s certification accurately reflects that the criminal case is a plea-bargain case. See TEX. R. APP. P. 25.2(a)(2). Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, “The appeal must be dismissed if a certification that shows the defendant has a right of appeal has not been made part of the record under these rules.” TEX. R. APP. P. 25.2(d). IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 6th day of March, 2019.

___________________________________ KEITH E. HOTTLE, Clerk of Court

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