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Click here for the full text of this decision FACTS:After a guilty plea, Haki Danaj was convicted of manslaughter. On March 1, 2004, in accordance with the terms of a plea bargain agreement with the state, the trial court sentenced him to confinement in the Institutional Division of the Texas Department of Criminal Justice for two years. At the plea proceedings, members of the deceased’s family were present. The record indicates the victim’s sister-in-law gave some testimony, but that testimony is not part of our record. Apparently, other family members were not given an opportunity to provide victim impact testimony. The record before this court indicates no written victim impact statements were filed at the time of the plea. On March 25, 2004, the deceased’s family members and others filed an “amicus curiae” notice of appeal attempting to challenge Danaj’s sentence. No motion for new trial was filed, and Danaj waived his right of appeal as part of his plea agreement. HOLDING:Conditionally granted. Respondent is directed to desist from further orders, hearings, or other proceedings concerning the amici’s attempt to challenge Danaj’s sentence or the sentencing procedures by notice of appeal. Relator asserts respondent has no authority to determine the jurisdiction of a court of appeals by considering the propriety of the amici’s notice of appeal. In addition, relator contends the trial court has lost jurisdiction over this case and has no power to conduct a hearing on the amici’s attempted challenge to Danaj’s sentence. Whether or not a notice of appeal is proper or effective is “a question for the Court of Appeals to decide, not the trial judge.” Even when there is no statutory right to appellate review, the trial court has no authority to prevent notice of appeal to the court of appeals. Faerman v. State, 966 S.W.2d 843 (Tex. App. � Houston [14th Dist.] 1998, no pet.). The court holds respondent has no authority to determine whether the notice of appeal filed by the amici is proper or effective because that determination lies within the court of appeals’ jurisdiction. The amici refer to the legislative history of the Texas Code of Criminal Procedure Article 56.02. Based upon the committee bill analysis, the amici assert that because the prosecution was entrusted to protect the rights of victims so that victims would not be forced to litigate to enforce their rights, the Legislature did not provide a remedy for the violation of victims’ rights. The amici ask that this court craft a remedy to enable them to enforce their rights because the prosecutor failed to ensure their rights were protected. Based upon the plain language of the statutes, the amici have no standing to appeal to challenge Danaj’s sentence or the procedures at the sentencing hearing related to their rights as family members of a deceased victim. The statute clearly provides they may not be parties to a criminal proceeding and they may not challenge the disposition of the defendant’s case. In addition, if non-compliance with victim impact statement provisions does not provide a ground for a defendant to set aside his sentence, such non-compliance surely provides no ground for the victims to challenge the sentence. Danaj was sentenced on March 1, 2004. No motion for new trial was filed. The trial court’s plenary power over the judgment has expired. We hold the trial court lacks jurisdiction, including any inherent or implied authority, to conduct a hearing and rule on the amici’s notice of appeal. Furthermore, the trial court has no power to re-sentence Danaj. OPINION:Per curiam.

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