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Date: 02-21-2021
Case Style:
Jo Ann Nunez v. The State of Texas
Case Number: 07-21-00023-CR
Judge: Court of Appeals
Seventh District of Texas at Amarillo
Court: Court of Appeals
Seventh District of Texas at Amarillo
Plaintiff's Attorney: Wally Hatch
Defendant's Attorney:
OR
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Description:
Amarillo, TX - Criminal defense attorney represented Jo Ann Nunez with a Harassment by person in Correctional Facility charge.
Appellant Jo Ann Nunez appeals the trial court’s judgment adjudicating her guilty
of the offense of harassment while in a correctional facility and sentencing her to five
years’ confinement, suspended in favor of community supervision. We dismiss the
appeal for want of jurisdiction and because appellant has no right of appeal.
The timely filing of a written notice of appeal is a jurisdictional prerequisite to
hearing an appeal. Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012). In a
criminal case, the notice of appeal must be filed within thirty days after sentence is
imposed or suspended or within ninety days if the defendant timely files a motion for new
trial. TEX. R. APP. P. 26.2(a). If a notice of appeal is not timely filed, an appellate court
has no option but to dismiss the appeal for want of jurisdiction. Castillo, 369 S.W.3d at
198.
The trial court suspended appellant’s sentence in favor of community supervision
on September 23, 2020. Because appellant timely filed a motion for new trial, her notice
of appeal was due within ninety days, by December 22, 2020. Appellant did not file a
notice of appeal, however, until January 15, 2021. Accordingly, her untimely filed notice
of appeal prevents this court from acquiring jurisdiction over the appeal.
Additionally, the trial court’s certification of appellant’s right of appeal indicates that
this is a plea-bargain case with no right of appeal. We are required by Rule of Appellate
Procedure 25.2(d) to dismiss an appeal “if a certification that shows the defendant has
the right of appeal has not been made part of the record.”
By letter of January 21, 2021, we notified appellant of the consequences of her
late notice of appeal and the trial court’s certification and directed her to demonstrate
grounds for continuing the appeal by February 1st. Appellant has filed no response to
date.
Outcome: Accordingly, we dismiss this appeal for want of jurisdiction and based on the trial
court’s certification
Plaintiff's Experts:
Defendant's Experts:
Comments: