Scott Anthony Crow v. the State of Texas

Opinion filed April 9, 2026




                                       In The


        Eleventh Court of Appeals
                                    ___________

                                No. 11-26-00053-CR
                                    ___________

                              SCOTT CROW, Appellant
                                          V.
                      THE STATE OF TEXAS, Appellee


                     On Appeal from the 244th District Court
                              Ector County, Texas
                        Trial Court Cause No. C-45,015


                      MEMORANDUM OPINION
       On June 10, 2015, Appellant, Scott Crow, pleaded guilty to the offense of
driving while intoxicated, a third-degree felony, enhanced with a prior felony
conviction. See TEX. PENAL CODE ANN. §§ 12.42(a), 49.04(a), 49.09(b)(2) (West
Supp. 2025). Pursuant to a negotiated plea bargain agreement between Appellant
and the State, the trial court sentenced Appellant to imprisonment in the Institutional
Division of the Texas Department of Criminal Justice for twenty years.             On
December 21, 2015, Appellant filed a pro se notice of appeal from the trial court’s
judgment. Crow v. State, No. 11-15-00328-CR, 2016 WL 208129, at *1 (Tex.
App.—Eastland Jan. 14, 2016, no pet.) (per curiam) (mem. op., not designated for
publication). We dismissed the appeal for want of jurisdiction because Appellant’s
notice of appeal was untimely filed and the appeal was prohibited by Rule 25.2(d).
Id.; see TEX. R. APP. P. 25.2(d). On February 18, 2026, Appellant filed a second
notice of appeal from the trial court’s judgment. For the same reasons, we dismiss
this appeal.
       When this appeal was docketed, we notified Appellant by letter that his notice
of appeal appeared to be untimely filed and that the appeal was subject to dismissal.
See TEX. R. APP. P. 26.2(a). In our letter, we requested that Appellant respond and
show grounds to continue the appeal. In his responses, Appellant has not shown any
grounds upon which this appeal may proceed.
      Pursuant to Rule 26.2(a) of the Texas Rules of Appellate Procedure, a notice
of appeal must be filed either (1) within thirty days after the date that sentence is
imposed in open court, or (2) if the defendant timely files a motion for new trial,
within ninety days after the date that sentence is imposed in open court. Id.
Appellant attempts to appeal the same conviction that he attempted to appeal in
2015, and he filed the instant pro se notice of appeal nearly ten years after his
sentence was imposed.
      Moreover, as we stated in our previous opinion, the trial court’s certification
reflects that (1) this is a plea bargain case, (2) Appellant has no right of appeal, and
(3) he waived his right of appeal. Crow, 2016 WL 208129, at *1. The trial court’s
certification was signed by Appellant, Appellant’s trial counsel, and the presiding
judge. Thus, even if Appellant had timely perfected an appeal from the trial court’s
judgment, his appeal would have been prohibited by Rule 25.2(d), which provides
that an appellate court must dismiss an appeal without further action when there is
                                           2
no certification showing that the defendant has the right of appeal.                            TEX. R.
APP. P. 25.2(d); Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006); see
Dears v. State, 154 S.W.3d 610, 613–14 (Tex. Crim. App. 2005).
        For the foregoing reasons, we have no discretion in this matter, and we must
dismiss this appeal for want of jurisdiction. 1 TEX. R. APP. P. 25.2(d); Hernandez v.
State, 726 S.W.3d 285, 289 (Tex. Crim. App. 2025); Chavez, 183 S.W.3d at 680.
        This appeal is dismissed. Appellant’s motion “for ‘Extension of Time to file
[his] final Appeal” is dismissed as moot.2




                                                         W. BRUCE WILLIAMS
                                                         JUSTICE


April 9, 2026
Do not publish. See TEX. R. APP. P. 47.2(b).
Panel consists of: Bailey, C.J.,
Williams, J., and Quinn, S.C.J. 3

Trotter, J., not participating.


        1
         The Texas Court of Criminal Appeals has exclusive jurisdiction in post-conviction felony
proceedings. Ater v. Eighth Ct. of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding).
We note that Appellant has filed numerous post-conviction writs of habeas corpus that have been denied or
dismissed by the Court of Criminal Appeals. See, e.g., Ex parte Crow, WR-71,693-17 (Tex. Crim. App.
Jan. 29, 2026) (dismissed as subsequent application under Article 11.07, Section 4 of the Texas Code of
Criminal Procedure); Ex Parte Crow, WR-71,693-12 (Tex. Crim. App. Dec. 11, 2019) (denied); see also
Ex parte Crow, WR-71,693-19 (Tex. Crim. App. Mar. 5, 2026) (denying motion for leave to file original
application for writ of habeas corpus).

       We note that the clerk of this court received Appellant’s “Direct Appeal from June 10, 2015 Plea”
        2

on March 30.
        3
          Brian Quinn, Senior Chief Justice (Retired), Court of Appeals, 7th District of Texas at Amarillo,
sitting by assignment.
                                                    3