Francisco Rodriguez v. State ( 2010 )

Dismissed and Memorandum Opinion filed July 29, 2010.

In The

Fourteenth Court of Appeals

____________

NO. 14-10-00550-CR

____________

FRANCISCO RODRIGUEZ, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 339th District Court

Harris County, Texas

Trial Court Cause No. 1260507

MEMORANDUM OPINION

Appellant entered a guilty plea to a third offense of theft of less than $1,500.  In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant on April 26, 2010, to confinement for two years in the State Jail Division of the Texas Department of Criminal Justice.  Appellant filed an untimely pro se notice of appeal on June 14, 2010.  We dismiss the appeal.

A defendant’s notice of appeal must be filed within thirty days after sentence is imposed when the defendant has not filed a motion for new trial.  See Tex. R. App. P. 26.2(a)(1). A notice of appeal which complies with the requirements of Rule 26 is essential to vest the court of appeals with jurisdiction.  Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998).  If an appeal is not timely perfected, a court of appeals does not obtain jurisdiction to address the merits of the appeal.  Under those circumstances it can take no action other than to dismiss the appeal.  Id.

In addition, the trial court entered a certification of the defendant’s right to appeal in which the court certified that this is a plea bargain case, and the defendant has no right of appeal.  See Tex. R. App. P. 25.2(a)(2).  The trial court’s certification is included in the record on appeal.  See Tex. R. App. P. 25.2(d).  The record supports the trial court’s certification.  See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005).

Accordingly, we dismiss the appeal. 

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Yates and Boyce.

Do Not Publish — Tex. R. App. P. 47.2(b).