Tyron Isadore v. State

• Court: Court of Appeals of Texas
• Decided: April 11, 2018
• Docket: 09-18-00114-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-18-00114-CR ____________________

TYRON ISADORE, Appellant

V.

THE STATE OF TEXAS, Appellee _______________________________________________________ ______________

On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 16-24468 ________________________________________________________ _____________

MEMORANDUM OPINION

On February 2, 2018, the trial court sentenced Tyron Isadore on a conviction

for burglary of a habitation. Isadore filed a notice of appeal on March 27, 2018. 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 certification to the Court of Appeals.

On March 27, 2018, we notified the parties that we would dismiss the appeal

unless the appellant established that the certification is incorrect. In a separate notice,

1 we notified the appellant that the notice of appeal had not been filed within the time

permitted for perfecting an appeal. See Tex. R. App. P. 26.2(a)(1), 26.3. Counsel for

the appellant filed a motion to dismiss the appeal, but the motion was not personally

signed by the appellant. See Tex. R. App. P. 42.2(a).

“The appeal must be dismissed if a certification that shows the defendant has

the right of appeal has not been made part of the record under these rules.” Tex. R.

App. P. 25.2(d). Furthermore, a notice of appeal must be filed within thirty days of

the date of sentencing and no extension may be granted unless a notice of appeal and

a motion for extension of time is filed within fifteen days of the deadline for filing

the notice of appeal. Tex. R. App. P. 26.2(a)(1), 26.3. Accordingly, we dismiss the

appeal.

APPEAL DISMISSED.

________________________________ HOLLIS HORTON Justice

Submitted on April 10, 2018 Opinion Delivered April 11, 2018 Do Not Publish

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