Timmie Dale Hendricks v. State

• Court: Court of Appeals of Texas
• Decided: February 28, 2018
• Docket: 09-18-00031-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-18-00031-CR NO. 09-18-00032-CR ____________________

TIMMIE DALE HENDRICKS, Appellant

V.

THE STATE OF TEXAS, Appellee _______________________________________________________ ______________

On Appeal from the 221st District Court Montgomery County, Texas Trial Cause No. 15-10-10695-CR (Count 1 and Count 2) ________________________________________________________ _____________

MEMORANDUM OPINION

On February 28, 2017, the trial court sentenced Timmie Dale Hendricks on

two counts of conviction for promotion of child pornography. Hendricks filed a

notice of appeal on January 22, 2018. As to each count, the trial court signed a

certification in which the court certified that this is a plea-bargain case and the

defendant has no right of appeal. See Tex. R. App. P. 25.2(a)(2). The district clerk

has provided the trial court’s certifications to the Court of Appeals. On January 24,

1 2018, we notified the parties that we would dismiss the appeals unless the appellant

established grounds for continuing the appeals. No response has been filed. Because

the notice of appeal was not timely filed and the trial court’s certifications show the

defendant does not have the right of appeal, we must dismiss the appeals. See Tex.

R. App. P. 25.2(b), (d); see also Tex. R. App. P. 26.2(a). Accordingly, we dismiss

the appeals.

APPEALS DISMISSED.

________________________________ HOLLIS HORTON Justice

Submitted on February 27, 2018 Opinion Delivered February 28, 2018 Do Not Publish

Before McKeithen, C.J., Kreger and Horton, JJ.