WILLIAM NATHAN FARLEY v. THE STATE OF TEXAS (2012)

MEMORANDUM OPINION

Opinion By Justice Murphy

William Nathan Farley pleaded guilty to criminal trespass and indecent exposure.   Pursuant to plea agreements, punishment was assessed at 180 days' confinement in jail in each case.   Sentence was imposed in open court of October 9, 2003.   The trial court certified that each case involved a plea bargain and appellant had no right to appeal.   See Tex.R.App. P. 25.2(d), Dears v. State, 154 S.W.3d 610, 614–15 (Tex.Crim.App.2005).

On May 14, 2004, appellant filed pro se applications for writ of habeas corpus, which the trial court treated as pro se notices of appeal.¹  The documents were forwarded to this Court as notices of appeal.

Absent timely motions for new trial, appellant's notices of appeal were due within thirty days of the sentencing date.   Therefore, appellant's notices of appeal were due by Monday, November 10, 2003.   See Tex.R.App. P. 4.1(a), 26.2(a)(1).   To the extent the May 14, 2004 applications for writ of habeas corpus are being treated as notices of appeal, they are untimely as to the October 9, 2003 sentencing date.   See Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App.1998) (per curiam).   Moreover, the trial court certified that appellant has no right to appeal from the plea-bargained sentences.   See Dears, 154 S.W.3d at 614–15.

We dismiss the appeals for want of jurisdiction.

MARY MURPHY

JUSTICE

Do Not Publish

Tex.R.App. P. 47

120329F.U05 S

Court of Appeals

Fifth District of Texas at DallasJUDGMENT

WILLIAM NATHAN FARLEY, Appellant

No. 05–12–00329–CR V.

THE STATE OF TEXAS, AppelleeAppeal from the County Court at Law No. 1 of Grayson County, Texas.  (Tr.Ct.No.2000–1–762).

Opinion delivered by Justice Murphy, Justices Moseley and Lang–Miers participating.   Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction.

Judgment entered March 30, 2012.

/Mary Murphy/

S

Court of AppealsFifth District of Texas at DallasJUDGMENT

WILLIAM NATHAN FARLEY, Appellant

No. 05–12–00330–CR V.

THE STATE OF TEXAS, AppelleeAppeal from the County Court at Law No. 1 of Grayson County, Texas.  (Tr.Ct.No.2000–1–765).

Opinion delivered by Justice Murphy, Justices Moseley and Lang–Miers participating.   Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction.

Judgment entered March 30, 2012.

/Mary Murphy/

MARY MURPHY

JUSTICE

FOOTNOTES

FN1. We received the documents on March 12,2012.   Based on the information we received from the Grayson County Clerk, no habeas corpus proceedings were held on the issues presented in the applications..  FN1. We received the documents on March 12,2012.   Based on the information we received from the Grayson County Clerk, no habeas corpus proceedings were held on the issues presented in the applications.

MARY MURPHY JUSTICE