IN THE
TENTH COURT OF APPEALS
No. 10-15-00144-CR
DAVID RAYMOND HENSLEY,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 220th District Court
Bosque County, Texas
Trial Court No. CR14961
MEMORANDUM OPINION
On April 17, 2015, Appellant David Raymond Hensley filed a pro se notice of
appeal of his conviction for possession of a controlled substance (methamphetamine) in
an amount of one gram or more but less than four grams. Hensley’s imposition of
sentence was on February 5, 2015, and the judgment of conviction was signed on
February 12, 2015. Hensley’s notice of appeal is untimely, and we have no jurisdiction of
an untimely appeal. See TEX. R. APP. P. 26.2(a)(1); Olivo v. State, 918 S.W.2d 519, 522 (Tex.
Crim. App. 1996) (no appellate jurisdiction where notice of appeal is untimely).
The trial court’s certification of defendant’s right to appeal in this case also
indicates that this “is a plea-bargain case, and the Defendant has NO right of appeal” and
that Hensley “has waived the right of appeal.” This appeal is therefore dismissed. 1 See
TEX. R. APP. P. 25.2(d); Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006) (“A
court of appeals … must dismiss a prohibited appeal without further action, regardless
of the basis for the appeal.”); Davis v. State, 205 S.W.3d 606, 607 (Tex. App.—Waco 2006,
no pet.).
REX D. DAVIS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Dismissed
Opinion delivered and filed May 7, 2015
Do not publish
[CRPM]
1A motion for rehearing may be filed within 15 days after the judgment or order of this Court is rendered.
See TEX. R. APP. P. 49.1. If the appellant desires to have the decision of this Court reviewed by filing a
petition for discretionary review, that petition must be filed in the Court of Criminal Appeals within 30
days after either the day the court of appeals’ judgment was rendered or the day the last timely motion for
rehearing was overruled by the court of appeals. See TEX. R. APP. P. 68.2(a).
Hensley v. State Page 2