Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-22-00871-CR

Sean Michael FOXX,

Appellant

v.

The STATE of Texas,

Appellee

From the 175th Judicial District Court, Bexar County, Texas

Trial Court No. 2012CR8672A

Honorable Mary Roman, Judge Presiding

PER CURIAM

Sitting: Luz Elena D. Chapa, Justice

Irene Rios, Justice

Beth Watkins, Justice

Delivered and Filed: February 22, 2023

DISMISSED FOR LACK OF JURISDICTION

Appellant Sean Michael Foxx entered into a plea bargain with the State, pursuant to which 

he pleaded nolo contendere to the charged offense. On January 13, 2014, in accordance with the 

plea agreement, the trial court imposed a sentence of six years’ confinement. The trial court also

signed a certificate stating this “is a plea-bargain case, and the defendant has NO right of appeal.” 

See TEX. R. APP. P. 25.2(a)(2). Foxx now seeks to appeal the trial court’s judgment of conviction 

by filing a pro se notice of appeal from a negotiated plea.
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A timely notice of appeal is necessary to invoke this court’s jurisdiction. See Olivo v. State, 

918 S.W.2d 519, 522 (Tex. Crim. App. 1996). The clerk’s record shows the trial court imposed a 

sentence in accordance with the plea bargain agreement on January 13, 2014. Bailey v. State, 160 

S.W.3d 11, 15 (Tex. Crim. App. 2004). Foxx did not file a motion for new trial, making his notice 

of appeal due by February 12, 2014, or a motion for extension of time due fifteen days later on 

February 27, 2014. See TEX. R. APP. P. 26.2(a)(1), 26.3. Foxx’s notice of appeal is file-stamped 

December 9, 2022, and there is nothing in the record indicating Foxx filed a motion for an 

extension of time or received an extension in order to timely file his notice of appeal. See id. R. 

26.3. 

The clerk’s record also includes the trial court’s Rule 25.2(a)(2) certification stating “this 

criminal case is a plea-bargain case, and the defendant has NO right of appeal.” We must dismiss 

an appeal “if a certification that shows the defendant has the right of appeal has not been made 

part of the record.” Id. R. 25.2(d). The record establishes the punishment assessed by the court 

does not exceed the punishment recommended by the prosecutor and agreed to by Foxx. See id. R. 

25.2(a)(2). The record also supports the trial court’s certification showing Foxx does not have a 

right to appeal. See Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (holding court of 

appeals should review clerk’s record to determine whether trial court’s certification is accurate).

“When a notice of appeal, but no motion for extension of time, is filed within the fifteenday period, the court of appeals lacks jurisdiction to dispose of the purported appeal in any manner 

other than by dismissing it for lack of jurisdiction.” Olivo, 918 S.W.2d at 523, 525 (“In criminal 

cases, as opposed to civil cases, jurisdiction cannot be substantially invoked; it either attaches or 

it does not.”). 

Because it appeared the notice of appeal was untimely filed and Foxx did not have the right 

to appeal, we ordered Foxx to file a response establishing the notice of appeal was timely filed and 
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to file an amended certification showing he had the right to appeal. See TEX. R. APP. P. 25.2(d); 

37.1; Olivo, 918 S.W.2d at 522 (holding that timely notice of appeal is necessary to invoke court 

of appeals’ jurisdiction). We admonished Foxx that a failure to satisfactorily respond to this court’s

order within the time provided would result in the dismissal of the appeal. Foxx did not file a 

response.

Accordingly, we dismiss this appeal for lack of jurisdiction.

PER CURIAM

Do Not Publish