Tyler LeBlanc v. State

• Court: Court of Appeals of Texas
• Decided: November 25, 2015
• Docket: 09-15-00439-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-15-00439-CR NO. 09-15-00440-CR NO. 09-15-00441-CR ____________________

TYLER LEBLANC, Appellant

V.

THE STATE OF TEXAS, Appellee _______________________________________________________ ______________

On Appeal from the 356th District Court Hardin County, Texas Trial Cause Nos. 22768, 22770, and 22772 ________________________________________________________ _____________

MEMORANDUM OPINION

The trial court sentenced Tyler LeBlanc on November 17, 2014. The trial

court signed certifications in which the court certified that these are plea-bargained

cases and the defendant has no right of appeal. See Tex. R. App. P. 25.2(a)(2).

LeBlanc filed a notice of appeal on October 30, 2015. We notified the parties that

LeBlanc filed his notice of appeal too late to perfect an appeal. See Tex. R. App. P.

25.2(b). The notice of appeal at issue here was filed after LeBlanc’s convictions

1 were final, and LeBlanc’s three convictions are no longer subject to direct appeals.

LeBlanc failed to establish that his notice of appeal was timely filed or that the

Texas Court of Criminal Appeals granted an out-of-time appeal. See generally Tex.

R. App. P. 73.

The Court finds that the notice of appeal was not timely filed. See Tex. R.

App. P. 26.2. No motion for extension of time was timely filed pursuant to Tex. R.

App. P. 26.3. Furthermore, we must dismiss the appeals because the trial court’s

certifications show the defendant does not have the right of appeal. See Tex. R.

App. P. 25.2(d). We dismiss the appeals.

APPEALS DISMISSED.

________________________________ HOLLIS HORTON Justice

Submitted on November 24, 2015 Opinion Delivered November 25, 2015 Do Not Publish

Before Kreger, Horton, and Johnson, JJ.