Breitne Walker v. State
Summary of the case Breitne Walker v. State
Breitne Walker attempted to appeal a judgment adjudicating her guilty of aggravated assault with a deadly weapon. The notice of appeal was untimely, filed on November 20, 2015, while the judgment was entered on July 2, 2015. Additionally, the case was a plea-bargain case, and Walker had no right of appeal. Despite being notified that the appeal might be dismissed, Walker's response did not show grounds for continuing the appeal. Consequently, the appeal was dismissed.
Key Issues of the case Breitne Walker v. State
- Untimely notice of appeal
- No right of appeal in plea-bargain case
Key Facts of the case Breitne Walker v. State
- Walker filed notice of appeal on November 20, 2015
- Judgment was entered on July 2, 2015
Decision of the case Breitne Walker v. State
Appeal dismissed
Opinions
COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
NO. 02-15-00444-CR
BREITNE WALKER APPELLANT
V.
THE STATE OF TEXAS STATE
----------
FROM THE 297TH DISTRICT COURT OF TARRANT COUNTY TRIAL COURT NO. 1349267D
----------
MEMORANDUM OPINION1
----------
Appellant Breitne Walker attempts to appeal from a judgment adjudicating
her guilty of aggravated assault with a deadly weapon. Not only is the notice
untimely—Walker filed her notice of appeal on or about November 20, 2015, but
the judgment was entered on July 2, 2015—but the certification of her right to
appeal states this “is a plea-bargain case, and the defendant has NO right of
1 See Tex. R. App. P. 47.4. appeal.” See Tex. R. App. P. 25.2(a)(2), 26.2(a)(1). On November 24, 2015, we
notified Walker that the appeal may be dismissed unless she or any party
desiring to continue the appeal filed a response showing grounds for continuing
the appeal. See Tex. R. App. P. 25.2(d), 44.3. Walker filed a response, but it
does not show grounds for continuing the appeal. Therefore, we dismiss this
appeal. See Tex. R. App. P. 43.2(f).
PER CURIAM
PANEL: MEIER, GABRIEL, and SUDDERTH, JJ.
DO NOT PUBLISH Tex. R. App. P. 47.2(b)
DELIVERED: January 14, 2016
2