Jokobai Zanta Linton v. State

CourtCourt of Appeals of Texas
DecidedApril 18, 2019
Docket01-19-00138-CR
StatusPublished

This text of Jokobai Zanta Linton v. State (Jokobai Zanta Linton 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.

Bluebook
Jokobai Zanta Linton v. State, (Tex. Ct. App. 2019).

Opinion

Opinion issued April 18, 2019

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-19-00138-CR ——————————— JOKOBAI ZANTA LINTON, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 240th District Court Fort Bend County, Texas Trial Court Case No. 12-DCR-061313

MEMORANDUM OPINION

Appellant, Jokobai Zanta Linton, attempts a second appeal of his conviction

for the offense of burglary of a habitation, signed on June 23, 2014, with a nunc pro

tunc order signed on July 2, 2014. We dismiss. Although Linton pleaded guilty and was sentenced in accordance with a plea

bargain with the State, he appealed the conviction in 2014 and the appeal was

dismissed because Linton had no right to appeal. See Linton v. State, No. 01–14–

00570–CR, 2014 WL 6068560 (Tex. App.—Houston [1st Dist.] Nov. 13, 2014, no

pet.) (trial court certification provided that appellant had no right to appeal because

it was plea-bargain case and this Court dismissed because record supported

certification). Mandate issued on January 23, 2015.

The record reflects that Linton is now attempting a second appeal of that

conviction. His February 14, 2019 notice of appeal from his 2014 conviction is

untimely and he is not entitled to a second appeal of the same conviction. See Confer

v. State, No. 03–19–00043–CR, 2019 WL 908289, at *1 (Tex. App.—Austin Feb.

22, 2019, no pet.). Thus, we lack jurisdiction and must dismiss the appeal for lack

of jurisdiction. See Olivo v. State, 918 S.W.2d 519, 526 (Tex. Crim. App. 1996)

(dismissing appeal for lack of jurisdiction because notice of appeal untimely);

McDonald v. State, 401 S.W.3d 360, 361–62 (Tex. App.—Amarillo 2013, pet. ref’d)

(dismissing for lack of jurisdiction appellant’s second attempted appeal of

conviction that had been previously affirmed).

We dismiss the appeal for lack of jurisdiction. Any pending motions are

dismissed as moot.

2 PER CURIAM Panel consists of Justices Lloyd, Kelly, and Hightower. Do not publish. TEX. R. APP. P. 47.2(b).

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Related

Olivo v. State
918 S.W.2d 519 (Court of Criminal Appeals of Texas, 1996)
Cecil R. McDonald v. State
401 S.W.3d 360 (Court of Appeals of Texas, 2013)

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Bluebook (online)
Jokobai Zanta Linton v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jokobai-zanta-linton-v-state-texapp-2019.