Priscilla Cradoct v. The State of Texas — Memorandum Opinion Per Curiam
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-26-00759-CR Priscilla CRADOCT, Appellant v. The STATE of Texas, Appellee From the 456th District Court, Guadalupe County, Texas Trial Court No. 26-1525-CR-E Honorable Heather Hines, Judge Presiding PER CURIAM Sitting: Adrian A. Spears II, Justice H. Todd McCray, Justice Velia J. Meza, Justice Delivered and Filed: October 21, 2026 DISMISSED FOR LACK OF JURISDICTION Pursuant to a plea-bargain agreement, appellant pled guilty to driving while intoxicated (third or more) on or about February 22, 2026, and was sentenced to six years of imprisonment in accordance with the terms of her plea-bargain agreement. The trial court signed a certification of defendant’s right to appeal stating that this “is a plea-bargain case, and the defendant has NO right of appeal.” See T EX. R. APP . P. 25.2(a)(2). After appellant filed a notice of appeal, the trial court clerk sent copies of the certification and notice of appeal to this court. See id. R. 25.2(e). The
04-26-00759-CR - 2 - clerk’s record, which includes the trial court’s Rule 25.2(a)(2) certification, has been filed. See id. R. 25.2(d). The clerk’s record reflects that the trial court imposed sentence on July 22, 2026. Because appellant did not file a motion for new trial, the notice of appeal was due to be filed on August 21, 2026. See id. R. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on September 7, 2026. See id. R. 26.3. The clerk’s record contains correspondence from appellant dated September 1, 2026, wherein she claimed to have sent from jail a “motion to appeal” on August 21, 2026. See Taylor v. State, 424 S.W.3d 39, 44 (Tex. Crim. App. 2014) (“Furthermore, under the mailbox rule as it applies to prisoners, often called the ‘prisoner mailbox rule,’ a pro se inmate’s pleading is deemed filed at the time the prison authorities duly receive the document to be mailed.”). The clerk’s record, however, does not reflect that this “motion to appeal” was filed on August 21, 2026. “A timely notice of appeal is necessary to invoke” the jurisdiction of this Court. Taylor, 424 S.W.3d at 43. There is no timely notice of appeal included in the clerk’s record. Even if we were to construe the correspondence from appellant dated September 1, 2026, as a notice of appeal, appellant did not file a motion for extension of time to file her notice of appeal. See Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996) (explaining that “[w]hen a notice of appeal, but no motion for extension of time, is filed within the fifteen-day period [of the deadline for filing the notice of appeal], the court of appeals lacks jurisdiction to dispose of the purported appeal in any manner other than by dismissing it for lack of jurisdiction”). Because a timely notice of appeal is not included in the clerk’s record, it appears that we lack jurisdiction over this appeal. Moreover, even if the clerk’s record included a timely notice of appeal, the trial court did not certify that appellant has a right to appeal. “In a plea bargain case . . . a defendant may appeal
04-26-00759-CR - 3 - only: (A) those matters that were raised by written motion filed and ruled on before trial, (B) after getting the trial court’s permission to appeal; or (C) where the specific appeal is expressly authorized by statute.” T EX. R. APP . P. 25.2(a)(2). The clerk’s record, which contains a written plea bargain, establishes the punishment assessed by the court does not exceed the punishment recommended by the prosecutor and agreed to by appellant. See id. The clerk’s record does not include a written motion filed and ruled upon before trial; nor does it indicate that the trial court gave its permission to appeal. See id. Thus, the trial court’s certification appears to accurately reflect that this is a plea-bargain case and that appellant does not have a right to 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). We therefore ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant’s appointed counsel has filed a response, stating that “regardless of whether [appellant’s] notice[] of appeal could be considered timely filed,” he does not believe that appellant has a right to appeal. Because the record does not reflect that appellant timely filed a notice of appeal, we dismiss this appeal for lack of jurisdiction. PER CURIAM DO NOT PUBLISH
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