Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-17-00804-CR
James MCDONALD,
Appellant
v.
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2015CR12465
Honorable Catherine Torres-Stahl, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Luz Elena D. Chapa, Justice
Irene Rios, Justice
Delivered and Filed: January 24, 2018
DISMISSED FOR LACK OF JURISDICTION
James McDonald entered into a plea bargain with the State, pursuant to which he pleaded
nolo contendere to aggravated sexual assault of a child. The trial court imposed sentence in
accordance with the agreement on October 11, 2017, and 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). McDonald
did not file a motion for new trial. Therefore, a notice of appeal was due November 10, 2017, or
the notice and a motion for extension of time to file, were due fifteen days later on November 28,
2011. TEX. R. APP. P. 26.2(a)(1), 26.3. The envelope in which the notice of appeal was mailed to
04-17-00804-CR
this court bears a postmark of November 14, 2017 and also contains the following notation:
“Processed Nov 13 2017 BCADC Mailroom Dept.” McDonald did not file a motion for extension
of time to file the notice of appeal. See TEX. R. APP. P. 26.3.
On December 14, 2017, we notified McDonald that the record raised an issue regarding
our jurisdiction over the appeal. We ordered McDonald to file a response by January 3, 2018,
showing the appeal was timely filed by mail. McDonald did not respond to our order.
The record before us reflects that the notice of appeal was not timely filed. We therefore
lack jurisdiction to entertain the appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App.
1998) (holding that if appeal is not timely perfected, court of appeals does not obtain jurisdiction
to address merits of appeal, and court may take no action other than to dismiss appeal; court may
not suspend rules to alter time for perfecting appeal); Olivo v. State, 918 S.W.2d 519, 522 (Tex.
Crim. App. 1996). 1
PER CURIAM
DO NOT PUBLISH
1
We note that the record also supports the trial court’s certification that McDonald does not have a right to appeal.
See TEX. R. APP. P. 25.2(d).
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