Opinion
No. 05-09-01446-CR
Opinion issued April 12, 2010. DO NOT PUBLISH. Tex. R. App. P. 47.
On Appeal from the 219th Judicial District Court Collin County, Texas, Trial Court Cause No. 219-81155-09.
Before Justices MORRIS, FITZGERALD, and FRANCIS.
MEMORANDUM OPINION
In this case, Stephen Charles Penney pleaded guilty to burglary of a habitation. Appellant waived his right to appeal in conjunction with a plea agreement. See Blanco v. State, 18 S.W.3d 218 (Tex. Crim. App. 2000). The trial court's rule 25.2(d) certification states both that the case involves a plea bargain and appellant has no right to appeal and that appellant waived his right to appeal. The certification is supported by the documents before the Court. See Dears v. State, 154 S.W.3d 610, 614-15 (Tex. Crim. App. 2005). Additionally, the trial court imposed appellant's punishment in open court on October 14, 2009 and no motion for new trial was filed. Therefore, appellant's notice of appeal was due by November 13, 2009. See Tex. R. App. P. 26.2(a)(1). Appellant's notice of appeal was filed on November 30, 2009, and no timely extension motion was filed in this Court. See Tex. R. App. P. 26.3; see also 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.). Accordingly, we dismiss the appeal for want of jurisdiction.