No. 2-06-413-CR.
Delivered: January 11, 2007. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).
Appeal from the 372nd District Court of Tarrant County.
PANEL D: WALKER, J.; CAYCE, C.J.; and MCCOY, J.
PER CURIAM.
MEMORANDUM OPINION
Appellant Richard Theodore Tharpe, Jr. a/k/a Richard T. Tharpe attempts to appeal a judgment placing him on deferred adjudication for possession with intent to deliver a controlled substance of four grams or more, but less than two hundred grams, of cocaine. On June 26, 2006, the trial court signed a certification of Tharpe's right to appeal, which was also signed by Tharpe and his attorney. See TEX. R. APP. P. 25.2(a)(2). The certification states that this criminal case "is a plea-bargain case, and the defendant has NO right of appeal." Tharpe nonetheless filed a pro se notice of appeal on November 20, 2006. On December 1, 2006, we sent Tharpe a letter explaining our concern that we might not have jurisdiction over his appeal because his notice of appeal was due July 26, 2006, but was not filed until November 20, 2006. Our letter also informed Tharpe that we had received the trial court's certification of his right to appeal indicating that no right to appeal exists because this is a plea-bargain case. We informed Tharpe that his appeal would be dismissed for want of jurisdiction unless he or any party desiring to continue the appeal filed on or before December 11, 2006, a response showing grounds for continuation of the appeal. See TEX. R. APP. P. 25.2(d), 44.3. On December 11, 2006, we received a "Continuance For Notice Of Appeal" from Tharpe. Tharpe's "Continuance For Notice of Appeal" states only that he was unaware his notice of appeal was untimely until so informed by our court. The rules of appellate procedure set out rules that must be followed in order to invoke this court(s jurisdiction over an appeal. White v. State, 61 S.W.3d 424, 428 (Tex.Crim.App. 2001). If the jurisdiction of a court of appeals is not properly invoked, the power of the appellate court to act is as absent as if it did not exist. Id. Appellate jurisdiction is invoked by giving timely and proper notice of appeal. Id. Tharpe's notice of appeal was due on or before July 26, 2006. We may extend the time to file a notice of appeal if, within fifteen days after the filing deadline, a motion to extend the time to file notice of appeal is filed. TEX. R. APP. P. 10.5(b)(2), 26.3. Tharpe did not comply with the latter provision by filing a timely motion to extend the time to file his notice of appeal. Accordingly, we deny Tharpe(s untimely "Continuance For Notice Of Appeal." Because the trial court certified that Tharpe possesses no right of appeal and because Tharpe failed to file a timely notice of appeal or a timely motion to extend the time for filing his notice of appeal, we hold that we do not have jurisdiction over this appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998). Absent appellate jurisdiction, we can take no action other than to dismiss the appeal. See id.; Olivo v. State, 918 S.W.2d 519, 523, 525 (Tex.Crim.App. 1996). Accordingly, we dismiss this appeal for want of jurisdiction.