Opinion
No. 14-04-01171-CR
Memorandum Opinion filed January 13, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 208th District Court, Harris County, Texas, Trial Court Cause No. 964,761. Dismissed.
Panel consists of Chief Justice HEDGES and Justices FOWLER and SEYMORE.
MEMORANDUM OPINION
Appellant entered a guilty plea to bail jumping and failure to appear. In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant on October 26, 2004, to confinement for two years in the Institutional Division of the Texas Department of Criminal Justice. Appellant filed an untimely pro se notice of appeal on December 1, 2004. Because we lack jurisdiction and appellant has no right to appeal, we dismiss. 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). Accordingly, we dismiss the appeal.
The record indicates the notice of appeal was mailed on November 30, 2004. Thus, we may not apply the mailing rule to consider the notice timely filed. See TEX. R. APP. P. 9.2(b) (requiring a mailed document to be deposited in the mail on or before the last day for filing).