Opinion
No. 14-06-00256-CR
Memorandum Opinion filed April 6, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 182nd District Court, Harris County, Texas, Trial Court Cause No. 907,939. Dismissed.
Panel consists of Justices HUDSON, FOWLER, and SEYMORE.
MEMORANDUM OPINION
After a plea of guilty, appellant was convicted of the offense of aggravated assauualt and sentenced to confinement for eight years in the Institutional Division of the Texas Department of Criminal Justice on October 21, 2005. No timely motion for new trial was filed. Appellant's notice of appeal was not filed until March 17, 2006. 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. Furthermore, appellant entered a guilty plea and was sentenced in accordance with the terms of a plea bargain agreement with the State. Appellant filed a pro se notice of appeal. 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, the appeal is ordered dismissed.