IN THE TENTH COURT OF APPEALS No. 10-19-00294-CR JAMES DAWSON MCGUFFIN, Appellant v. THE STATE OF TEXAS, Appellee

From the 66th District Court Hill County, Texas Trial Court No. F-299-18

MEMORANDUM OPINION

James McGuffin attempts to appeal from an order dated October 2, 2018, placing him on deferred adjudication for tampering with physical evidence. The certificate of right to appeal indicates that this is a plea bargain case and that McGuffin waived his right to appeal. TEX. R. APP. P. 25.2(d). Moreover, it appears that the notice of appeal is untimely. See TEX. R. APP. P. 26.2(a)(1). The order placing McGuffin on deferred adjudication was signed on October 2, 2018, and the notice of appeal was filed on August 27, 2019. Accordingly, the appeal is dismissed.

Notwithstanding that we are dismissing this appeal, McGuffin may file a motion for rehearing with this Court within 15 days after this opinion and judgment are rendered if he believes this opinion and judgment are erroneously based on inaccurate information or documents. See TEX. R. APP. P. 49.1. Moreover, if McGuffin desires to have the opinion and judgment of this Court reviewed by filing a petition for discretionary review, that petition must be filed in the Court of Criminal Appeals within 30 days after either the day this Court’s judgment is rendered or the day the last timely motion for rehearing is overruled by this Court. See TEX. R. APP. P. 68.2 (a).

For the reasons stated, this appeal is dismissed.

JOHN E. NEILL Justice Before Chief Justice Gray, Justice Davis, and Justice Neill Appeal dismissed Opinion delivered and filed September 4, 2019 Do not publish [CR25]

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