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Richard Theodore Tharpe, Jr. A/K/A Richard T. Tharpe v. State
Citation: Not availableDocket: 02-06-00413-CR
Court: Court of Appeals of Texas; January 10, 2007; Texas; State Appellate Court
Original Court Document: View Document
Richard Theodore Tharpe, Jr. appealed a judgment placing him on deferred adjudication for possession with intent to deliver between four and two hundred grams of cocaine. The trial court issued a certification indicating that this was a plea-bargain case, which negated Tharpe's right to appeal. His notice of appeal was due on July 26, 2006, but was not filed until November 20, 2006. Upon receiving Tharpe's notice, the Court of Appeals expressed concerns regarding its jurisdiction due to the untimeliness of his appeal and the certification stating no right to appeal. Tharpe submitted a "Continuance For Notice Of Appeal," claiming he was unaware of the untimeliness until informed by the court. However, the court emphasized that proper appellate jurisdiction requires timely filing of the notice of appeal or a motion to extend that time, which Tharpe failed to do. Consequently, the Court of Appeals concluded it lacked jurisdiction as Tharpe's appeal was untimely and dismissed the appeal for want of jurisdiction, referencing applicable Texas rules and precedents. The dismissal was delivered on January 11, 2007, by a panel including Justices Walker, Cayce, and McCoy.