Opinion
No. 05-11-00050-CR
Opinion issued February 11, 2011. DO NOT PUBLISH Tex. R. App. P. 47.
On Appeal from the Criminal District Court No. 2, Dallas County, Texas, Trial Court Cause No. F08-52702-I.
Before Justices MORRIS, FRANCIS, and MURPHY.
MEMORANDUM OPINION
Osiris Leobel Cepeda was convicted of possession with intent to deliver cocaine in an amount of 200 grams or more but less than 400 grams. Pursuant to a plea agreement, the trial court assessed punishment at ten years' imprisonment and a $3000 fine. Appellant waived his right to appeal in conjunction with the plea agreement. See Blanco v. State, 18 S.W.3d 218 (Tex. Crim. App. 2000). Sentence was imposed in open court on September 14, 2010. On December 2, 2010, appellant filed an untimely pro se notice of appeal. See Tex. R. App. P. 26.2(a)(1). Because appellant's notice of appeal is untimely, we can take no action except to dismiss the appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam); Boyd v. State, 971 S.W.2d 603, 605-06 (Tex. App.-Dallas 1998, no pet.). We dismiss the appeal for want of jurisdiction.