Mark Thomas v. State

• Court: Court of Appeals of Texas
• Decided: January 20, 2015
• Docket: 02-15-00011-CR
• Status: Published

Opinion

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COURT OF APPEALS SECOND DISTRICT OF TEXAS CHIEF JUSTICE CLERK TERRIE LIVINGSTON TIM CURRY CRIMINAL JUSTICE CENTER DEBRA SPISAK 401 W. BELKNAP, SUITE 9000 JUSTICES FORT WORTH, TEXAS 76196 CHIEF STAFF ATTORNEY LEE ANN DAUPHINOT LISA M. WEST ANNE GARDNER TEL: (817) 884-1900 SUE WALKER GENERAL COUNSEL BILL MEIER FAX: (817) 884-1932 CLARISSA HODGES LEE GABRIEL BONNIE SUDDERTH www.txcourts.gov/2ndcoa

January 20, 2015

Mark Thomas TDCJ# 01738251 William P. Clements Unit 9601 Spur 591 Amarillo, TX 79107-9606

RE: Court of Appeals Number: 02-15-00010-CR 02-15-00011-CR 02-15-00012-CR

Trial Court Case Number: F-2010-2704-E F-2010-2705-E F-2010-2706-E

Style: Mark Thomas v. The State of Texas 2 The court has received a copy of the notice of appeal in the cases above. See Tex. R. App. P. 25.2(c).

The court is concerned it may not have jurisdiction over this appeal because the notice of appeal was not timely filed. Appellant’s sentence was imposed on June 30, 2011. No motion for new trial was filed, so appellant’s notice of appeal was due August 1, 2011, but was not filed until December 31, 2014. See Tex. R. App. P. 26.2(a)(1).

The trial court’s certification of your right to appeal was filed under the date of Friday, January 16, 2015. The certification states that this is a plea-bargain case and appellant has no right of appeal and the appellant waived the right of appeal. See Tex. R. App. P. 25.2(a)(2), appendix. FILE COPY

02-15-00010-CR January 20, 2015 Page 2

Unless the appellant or any party desiring to continue the appeal files with the court, on or before Wednesday, February 4, 2015, a response showing grounds for continuing the appeal, this appeal may be dismissed for want of jurisdiction. Tex. R. App. P. 44.3. Respectfully yours,

DEBRA SPISAK, CLERK

By: Karen Brown, Deputy Clerk

cc: Criminal District Clerk, Denton County P.O. Box 2146 Denton, TX 76202-2146

Hon. Margaret Barnes Judge, 367th District Court Denton County Courts Bldg. 1450 E. McKinney Denton, TX 76201

Court Reporter, 367th District Court 1450 E. McKinney St. Denton, TX 76209

Catherine Luft Assistant Criminal District Attorney 1450 East McKinney Denton, TX 76201