Opinion filed November 14, 2019

In The

Eleventh Court of Appeals 

___________

No. 11-19-00315-CR

___________

JOE DARRYL HUGHES A/K/A JOE HUGHES 

A/K/A JOE DOYLE HUGHES, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 350th District Court

Taylor County, Texas

Trial Court Cause No. 13506-D

M E M O R A N D U M O P I N I O N

Appellant has filed an untimely pro se notice of appeal from a judgment of

conviction for the offense of possession of methamphetamine. Pursuant to the terms 

of a plea agreement, the trial court assessed Appellant’s punishment at confinement 

for six years, suspended the imposition of the sentence, placed Appellant on 
2

community supervision for a term of six years, and imposed a fine of $1,000. We 

dismiss the appeal. 

The documents on file in this appeal indicate that Appellant’s sentence was

imposed on March 28, 2019, and that a motion requesting an appeal was filed in the 

district clerk’s office on October 23, 2019. When the appeal was filed in this court, 

we notified Appellant, via his counsel, that the trial court had certified that this was 

a plea-bargain case in which Appellant had no right of appeal. We requested that 

Appellant respond to our letter and show grounds to continue. Appellant has not 

filed a response. 

Pursuant to the Texas Rules of Appellate Procedure, a notice of appeal is due 

to be filed either (1) within thirty days after the date that sentence is imposed or 

suspended in open court or (2) if the defendant timely files a motion for new trial, 

within ninety days after the date that sentence is imposed or suspended in open court. 

TEX. R. APP. P. 26.2(a). A notice of appeal must be in writing and filed with the 

clerk of the trial court. TEX. R. APP. P. 25.2(c)(1). The documents on file in this 

court reflect that Appellant’s notice of appeal was filed with the clerk of the trial 

court 209 days after the sentence was suspended in open court. The notice of appeal

was therefore untimely. 

Absent a timely filed notice of appeal or the granting of a timely motion for 

extension of time, we do not have jurisdiction to entertain this appeal. Slaton v. 

State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 

522–23 (Tex. Crim. App. 1996); Rodarte v. State, 860 S.W.2d 108, 110 (Tex. Crim. 

App. 1993). Furthermore, we are not authorized to grant Appellant’s request for an 

out-of-time appeal. See Slaton, 981 S.W.2d at 210. Moreover, the trial court’s 

certification reflects that this is a plea-bargain case and that Appellant has no right 

of appeal. Thus, even if Appellant had timely perfected an appeal, this appeal would 

have been prohibited by Rule 25.2 of the Texas Rules of Appellate Procedure, which 
3

provides that an appellate court must dismiss an appeal without further action when 

there is no certification showing that the defendant has the right of appeal. TEX. R.

APP. P. 25.2(d); Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006); see 

Dears v. State, 154 S.W.3d 610, 613–14 (Tex. Crim. App. 2005).

This appeal is dismissed for want of jurisdiction.

PER CURIAM

November 14, 2019

Do not publish. See TEX. R. APP. P. 47.2(b).

Panel consists of: Bailey, C.J.,

Stretcher, J., and Wright, S.C.J.1

Willson, J., not participating.

 

1

Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland, 

sitting by assignment.