Opinion
No. 14-08-00148-CR
Opinion filed March 13, 2008. DO NOT PUBLISH TEX. R. APP. P. 47.2(b).
On Appeal from the 174th District Court Harris County, Texas, Trial Court Cause No. 1140070.
Panel consists of Chief Justice HEDGES and Justices ANDERSON and BOYCE.
MEMORANDUM OPINION
Appellant entered a guilty plea to possession of between four and 400 grams of methamphetamine. In accordance with the terms of a plea bargain agreement with the State, the trial court deferred a finding of guilt and on November 5, 2007, the court placed appellant on community supervision for five years. Appellant filed a motion for new trial on December 5, 2007. Appellant filed a pro se notice of appeal on February 19, 2008. We dismiss the appeal. Appellant's notice of appeal is untimely. To perfect an appeal from a deferred adjudication order, the notice of appeal must be filed within thirty days after the order is signed. Garcia v. State, 29 S.W.3d 899, 901 (Tex.App.-Houston [14 Dist.],2000, no pet.). Appellant was not entitled to move for a new trial following the trial court's decision to defer adjudication, and his motion for new trial was a nullity. See id.; Hammack v. State, 963 S.W.2d 199, 200 (Tex.App.-Austin 1998, no pet.). Therefore, the filing of the motion for new trial did not extend the time for filing notice of appeal. 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.
Appellant filed a motion to extend time to file his notice of appeal with the trial court clerk on February 18, 2008. A motion for extension of time to file a notice of appeal must be filed in the appellate court within 15 days of its due date. TEX. R. APP. P. 26.3 (emphasis supplied). Because the motion for new trial did not extend the time to file the notice of appeal, the extension was not filed within 15 days of its due date. Therefore, appellant's untimely motion filed in the wrong court is ineffective to extend the time to file his notice of appeal.