John David Wyche, IV v. State

• Court: Court of Appeals of Texas
• Decided: November 5, 2018
• Docket: 05-18-01310-CR
• Status: Published

Opinion

DISMISS; and Opinion Filed November 5, 2018.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01310-CR

JOHN DAVID WYCHE, IV, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 397th Judicial District Court Grayson County, Texas Trial Court Cause No. 069057

MEMORANDUM OPINION Before Justices Lang-Miers, Fillmore, and Myers Opinion by Justice Lang-Miers John David Wyche, IV, appeals his conviction for possession of four grams or more but

less than 200 grams of methamphetamine. Appellant, who was represented by counsel, entered

into a negotiated plea bargain with the State in which he pleaded guilty to the offense and waived

his right to appeal. See Blanco v. State, 18 S.W.3d 218, 219–20 (Tex. Crim. App. 2000). On April

11, 2018, the trial court accepted appellant’s guilty plea and assessed punishment at eight years in

prison. The trial court prepared and signed a rule 25.2(d) certification concerning appellant’s right

to appeal stating this “is a plea-bargain case, and [appellant] has NO right to appeal.” See TEX. R.

APP. P. 25.2(d).

To challenge his conviction, appellant had to file his notice of appeal with the trial court

clerk within thirty days of the date sentence was imposed, that is, by May 11, 2018. See TEX. R. APP. P. 26.2(a)(1). Appellant’s October 22, 2018 notice of appeal was untimely, leaving us without

jurisdiction over the appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998)

(per curiam). Moreover, he waived his right to appeal in conjunction with the plea agreement.

TEX. R. APP. P. 25.2(d), 26.2(a). Under these circumstances, we conclude we lack jurisdiction over

this appeal.

We dismiss this appeal.

/Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE

Do Not Publish TEX.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

181310F.U05

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

JOHN DAVID WYCHE, IV, Appellant On Appeal from the 397th Judicial District Court, Grayson County, Texas No. 05-18-01310-CR V. Trial Court Cause No. 069057. Opinion delivered by Justice Lang-Miers, THE STATE OF TEXAS, Appellee Justices Fillmore and Myers participating.

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

Judgment entered this 5th day of November, 2018.

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