Dayanara Danae Baker v. the State of Texas
Docket 01-26-00036-CR
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 1st District (Houston)
- Type
- Lead Opinion
- Case type
- Criminal Appeal
- Disposition
- Dismissed
- Docket
- 01-26-00036-CR
Appeal from a county criminal court at law decision on a 2010 guilty-plea conviction for prostitution
Summary
The First District of Texas dismissed appellant Dayanara Danae Baker’s attempted appeal of a 2010 prostitution conviction because the notice of appeal was filed fifteen years after judgment and the trial-court certification from 2010 stated she had no right to appeal. Baker, pro se, also sought appointment of counsel and asked the court to consider waiving fees to aid access to employment, housing, and records, but the court explained an untimely appeal is not a proper vehicle for fee relief. Because the court lacked jurisdiction over the belated appeal, the appeal and pending motions were dismissed as moot.
Issues Decided
- Whether an appeal filed fifteen years after a final judgment can be considered when the trial court certified no right of appeal
- Whether an untimely notice of appeal can be used to seek waiver of fees or other post-conviction administrative relief
Court's Reasoning
A criminal appeal must be filed timely to invoke the appellate court’s jurisdiction, and the trial court’s 2010 certification stated the defendant had no right to appeal. The notice of appeal filed in 2026 was therefore untimely and did not create jurisdiction. The court also noted that an untimely appeal is not the correct method to request a waiver of fees, so there was no basis to reach the merits or grant relief.
Authorities Cited
- State v. Sellers790 S.W.2d 316 (Tex. Crim. App. 1990)
- Olivo v. State918 S.W.2d 519 (Tex. Crim. App. 1996)
- Texas Rule of Appellate Procedure 43.2(f)
Parties
- Appellant
- Dayanara Danae Baker
- Appellee
- The State of Texas
- Judge
- Per Curiam; Justices Rivas-Molloy, Johnson, and Dokupil (panel)
Key Dates
- Original conviction and sentencing
- 2010-12-13
- Notice of appeal filed
- 2026-01-05
- Opinion issued
- 2026-04-09
What You Should Do Next
- 1
Consult a lawyer about post-conviction remedies
Seek advice on proper avenues for relief such as a motion for nondisclosure, expunction (if eligible), or habeas proceedings, depending on eligibility and the nature of the conviction.
- 2
Request fee-waiver or administrative relief by proper procedure
File the correct motions or applications in the appropriate court or agency to seek waivers or access to records rather than attempting an untimely appeal.
- 3
Confirm eligibility for record relief
Work with counsel or a legal aid provider to determine whether Texas law permits sealing, nondisclosure, or expunction of the 2010 conviction given the passage of time and statutory criteria.
Frequently Asked Questions
- What did the court decide?
- The court dismissed the attempted appeal because it was filed fifteen years after the final judgment and the trial-court certification said there was no right to appeal.
- Does this change the 2010 conviction?
- No. The court said the 2010 conviction is final and the appellate court has no jurisdiction to reconsider it based on the untimely filing.
- Can the appellant use this appeal to get court fees waived or records cleared?
- No. The opinion states an untimely notice of appeal is not the proper way to request fee waivers or related administrative relief.
- Can this dismissal be appealed?
- Because the appellate court dismissed for lack of jurisdiction over a belated appeal, the usual remedy would be to pursue appropriate post-conviction procedures rather than another direct appeal; consulting counsel about available relief is advised.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
Opinion issued April 9, 2026
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-26-00036-CR
———————————
DAYANARA DANAE BAKER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the County Criminal Court at Law No. 9
Harris County, Texas
Trial Court Case No. 1724782
MEMORANDUM OPINION
On December 13, 2010, appellant Dayanara Danae Baker was convicted of
the offense of prostitution and was sentenced to ten days in the Harris County Jail in
accordance with a plea bargain with the State. See TEX. PENAL CODE § 43.02(a).
The trial court certified that this was a plea-bargain case and that appellant had no
right of appeal. On January 5, 2026, appellant filed a notice of appeal, which
purports to attempt an untimely appeal of the December 13, 2010 judgment.
Appellant also requested appointment of counsel with her notice of appeal. But
appellant, who is proceeding pro se, has also filed several letters with the Court,
stating that she understands this case was resolved by a guilty plea approximately
fifteen years ago and is final, but she requests “consideration of waiving fees for any
filing or administrative matters and to facilitate access to employment, housing, and
personal records in accordance with Texas law.” Appellant has also filed a
“Statement of Facts” concerning her conviction in 2010.
As appellant appears to understand, it is too late to attempt to appeal the 2010
judgment and the trial court’s certification of the defendant’s right to appeal, signed
in 2010, found that appellant had no right of appeal. Thus, the clerk’s record
contains no appealable order or judgment.
“Generally, a criminal defendant may only appeal from a final judgment.” See
State v. Sellers, 790 S.W.2d 316, 321 n.4 (Tex. Crim. App. 1990). If a defendant
attempts to appeal a conviction, she must file a timely notice of appeal to invoke the
court of appeal’s jurisdiction. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim.
App. 1996). Because the notice of appeal is fifteen years too late and the certification
provides no right of appeal, the Court has no jurisdiction to consider an appeal from
the 2010 conviction. See id. Appellant admits that the 2010 conviction is final and
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states that she filed the notice of appeal to request consideration of waiving fees. An
untimely notice of appeal from a final conviction is not the proper method to seek a
waiver of fees.
Because this Court lacks jurisdiction, we dismiss this appeal. See TEX. R.
APP. P. 43.2(f). Any pending motions are dismissed as moot.
PER CURIAM
Panel consists of Justices Rivas-Molloy, Johnson, and Dokupil.
Do not publish. TEX. R. APP. P. 47.2(b).
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