Ronald Eugene Williams v. State
01-16-00663-CR
| Tex. App. | Dec 20, 2016Background
- Ronald Eugene Williams pleaded guilty to felony possession of a controlled substance and pleaded true to two state-jail-felony enhancements.
- Under a plea bargain, the trial court found the enhancements true and sentenced Williams to two years' imprisonment.
- Williams filed a pro se notice of appeal on July 28, 2016; no motion for new trial or motion for extension was filed.
- The notice of appeal was untimely under Texas Rules of Appellate Procedure; the deadline was February 5, 2014.
- The trial-court certification in the record states this is a plea-bargain case and Williams has no right of appeal.
- The court dismissed the appeal for want of jurisdiction and noted Williams may pursue relief via an art. 11.07 habeas application.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of appeal | Williams sought to appeal (pro se notice filed July 28, 2016). | State argued notice was untimely and no extension/motion filed. | Notice was untimely; appellate court lacked jurisdiction. |
| Filing date for pro se inmate pleadings | Williams implied his filing should be treated as timely (no record of delivery). | State showed no evidence of delivery to jail authorities by deadline. | No proof of delivery; Olivo/Slaton rules control; appeal untimely. |
| Right to appeal in plea-bargain case | Williams claimed conviction in error. | Trial court certified no right to appeal under plea bargain; State relied on certification. | Certification supported; Williams had no right to appeal; appeal dismissed. |
| Proper remedy for alleged error | Williams sought appellate review. | State suggested post-conviction habeas under art. 11.07. | Court: dismissal for lack of jurisdiction; recommend art. 11.07 habeas if relief desired. |
Key Cases Cited
- Olivo v. State, 918 S.W.2d 519 (Tex. Crim. App. 1996) (notice-of-appeal timeliness requirement and need for extension when necessary)
- Slaton v. State, 981 S.W.2d 208 (Tex. Crim. App. 1998) (untimely notice deprives court of jurisdiction)
- Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (trial-court certification controls appealability in plea-bargain cases)
- Chavez v. State, 183 S.W.3d 675 (Tex. Crim. App. 2006) (courts must dismiss prohibited appeals by plea-bargained defendants)
- Campbell v. State, 320 S.W.3d 338 (Tex. Crim. App. 2010) (pro se inmate pleadings are deemed filed when delivered to prison authorities for mailing)