Anthony Paul DelaCruz v. State of Texas ( 2010 )

Opinion filed November 4, 2010

                                                                       In The

  Eleventh Court of Appeals

                                                                   __________

                                                         No. 11-10-00283-CR

                                                    __________

                          ANTHONY PAUL DELACRUZ, Appellant

                                                             V.

                                      STATE OF TEXAS, Appellee

                                   On Appeal from the 32nd District Court

                                                            Fisher County, Texas

                                                       Trial Court Cause No. 3383

                                            M E M O R A N D U M    O P I N I O N

            Anthony Paul DelaCruz[1] was convicted of the offense of aggravated sexual assault of an elderly person.  On August 4, 2010, the trial court sentenced him in open court to confinement for fifty years pursuant to a plea bargain agreement.  We dismiss the appeal.

            A motion for new trial was not filed.  Therefore, the notice of appeal was due to be filed within thirty days of the date the sentence was imposed in open court in order to timely perfect an appeal.  Tex. R. App. P. 26.2.   Appellant filed his pro se notice of appeal on September 16, 2010, forty-three days after the date the sentence was imposed in open court.  A motion to extend time was not filed pursuant to Tex. R. App. P. 26.3.  Absent a timely notice of appeal or the granting of a timely motion for extension of time, this court does not have jurisdiction to entertain an appeal.  Slaton v. State, 981 S.W.2d 208, 209-10 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 522-24 (Tex. Crim. App. 1996); Rodarte v. State, 860 S.W.2d 108, 109-10 (Tex. Crim. App. 1993); Shute v. State, 744 S.W.2d 96, 97 (Tex. Crim. App. 1988).

            Moreover, we note that the trial court stated in its certification of defendant’s right to appeal that this was a plea bargain agreement case and appellant had no right to appeal and that appellant had waived his right to appeal.

            The appeal is dismissed.

                                                                                                PER CURIAM

November 4, 2010

Do not publish. See Tex. R. App. P. 47.2(b).         

Panel consists of:  Wright, C.J.,

McCall, J., and Strange, J.

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      [1]The spelling of appellant’s name is taken from signature on notice of appeal and right of appeal.