Garrett Houston Hannes v. the State of Texas

Appeal dismissed and Memorandum Opinion filed March 21, 2024.

In The

Fourteenth Court of Appeals

NO. 14-24-00122-CR

GARRETT HOUSTON HANNES, Appellant

V.
THE STATE OF TEXAS, Appellee

On Appeal from the 268th District Court
Fort Bend County, Texas
Trial Court Cause No. 20-DCR-093173

MEMORANDUM OPINION

Appellant was placed on deferred-adjudication community supervision for six
years in an order signed by the associate judge on June 29, 2021 and ratified by the
presiding judge on June 30, 2021. Tex. Code Crim. Proc. Ann. art. 42A1.01.
Appellant filed a timely notice of appeal from that order, and we dismissed the
appeal for want of jurisdiction because (1) this is a plea-bargain case, and appellant
has no right of appeal and (2) appellant has waived his right of appeal. Hannes v.
State, No. 14-21-00416-CR, 2022 WL 1548588, at *1 (Tex. App.—Houston [14th
Dist.] May 17, 2022, no pet.) (per curiam) (mem. op., not designated for
publication); see Tex. R. App. P. 25.2(a)(2).

Appellant filed a second notice of appeal from the June 30, 2021 order on
August 16, 2023. We dismissed the second appeal for want of jurisdiction as
untimely filed. Hannes v. State, No. 14-23-00589-CR, 2023 WL 6157345, at *1
(Tex. App.—Houston [14th Dist.] Sept. 21, 2023, no pet.) (per curiam) (mem. op.,
not designated for publication). Appellant filed his current notice of appeal from the
June 30, 2021 order on February 15, 2024. While the notice of appeal is
unquestionably late, we would have no jurisdiction were that notice timely. As we
held in 2022, (1) this is both a plea-bargain case, and appellant has no right of appeal,
and (2) appellant has waived his right of appeal.

On February 20, 2024, the parties were notified that the appeal was subject to
dismissal without further notice unless a party demonstrated that the court has
jurisdiction. No response has been received.

Accordingly, the appeal is dismissed for want of jurisdiction.

PER CURIAM

Panel consists of Justices Jewell, Spain, and Wilson.

Do Not Publish — Tex. R. App. P. 47.2(b).

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