Jose Carrillo v. State

Opinion

DISMISS; and Opinion Filed October 28, 2015.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-01265-CR

JOSE CARRILLO, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 2 Dallas County, Texas Trial Court Cause No. F12-62652-I

MEMORANDUM OPINION Before Justices Lang-Miers, Brown, and Schenck Opinion by Justice Brown Jose Carrillo pleaded guilty to solicitation to commit capital murder. Pursuant to a plea

agreement, on April 18, 2014, the trial court sentenced appellant to twenty years’ imprisonment.

The written plea agreement form reflects appellant waived his right to appeal as part of the

agreement. See Blanco v. State, 18 S.W.3d 218, 219–20 (Tex. Crim. App. 2000). The trial court

certified the case involves a plea bargain and appellant has no right to appeal. See TEX. R. APP.

P. 25.2(a), (d); Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005). Appellant filed a pro se

notice of appeal on September 24, 2015.

“A timely notice of appeal is necessary to invoke appellate jurisdiction.” Blanton v.

State, 369 S.W.3d 894, 902 (Tex. Crim. App. 2012). Appellant’s September 24, 2015 notice of

appeal is untimely as to the April 18, 2014 sentencing date. See TEX. R. APP. P. 26.2(a)(1); Slaton, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam); Olivo v. State, 918 S.W.2d

519, 523 (Tex. Crim. App. 1996).

We dismiss the appeal for want of jurisdiction.

/Ada Brown/ ADA BROWN JUSTICE

Do Not Publish TEX. R. APP. P. 47

151265F.U05

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

JOSE CARRILLO, Appellant On Appeal from the Criminal District Court No. 2, Dallas County, Texas No. 05-15-01265-CR V. Trial Court Cause No. F12-62652-I. Opinion delivered by Justice Brown, Justices THE STATE OF TEXAS, Appellee Lang-Miers and Schenck participating.

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

Judgment entered this 28th day of October, 2015.

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