Narrative Opinion Summary
Frankie Bartolo Mercado pleaded guilty to two counts of aggravated robbery with a deadly weapon, resulting in a concurrent fifteen-year sentence in both cases as per plea agreements. The trial court signed the judgments on February 1, 2016. Mercado failed to file a notice of appeal within the required thirty days, submitting it instead on August 23, 2016, which was over six months late. As a result, the Court of Appeals dismissed the appeals for lack of jurisdiction since a timely notice is essential for appellate jurisdiction. Additionally, even if the appeal had been timely, the appeals would still be dismissed because the trial court's certifications indicated that these were plea-bargained cases, and Mercado had no right to appeal. All pending motions were also dismissed as moot. The decision was issued by a panel of Justices Keyes, Higley, and Lloyd, and the opinion is not for publication.
Legal Issues Addressed
Appellate Jurisdictionsubscribe to see similar legal issues
Application: The appellate court dismissed the case due to the lack of jurisdiction caused by the untimely filed notice of appeal.
Reasoning: As a result, the Court of Appeals dismissed the appeals for lack of jurisdiction since a timely notice is essential for appellate jurisdiction.
Effect of Pending Motionssubscribe to see similar legal issues
Application: All pending motions were rendered moot due to the dismissal of the appeals.
Reasoning: All pending motions were also dismissed as moot.
Right to Appeal in Plea-Bargained Casessubscribe to see similar legal issues
Application: Even if the appeal had been timely, the appeal would still be dismissed due to the nature of the plea bargain, which negated the right to appeal.
Reasoning: Additionally, even if the appeal had been timely, the appeals would still be dismissed because the trial court's certifications indicated that these were plea-bargained cases, and Mercado had no right to appeal.
Timeliness of Notice of Appealsubscribe to see similar legal issues
Application: The requirement for a timely notice of appeal was not met, resulting in dismissal for lack of jurisdiction.
Reasoning: Mercado failed to file a notice of appeal within the required thirty days, submitting it instead on August 23, 2016, which was over six months late.