Opinion
No. 05-07-00103-CR
Opinion issued August 13, 2007. DO NOT PUBLISH. Tex. R. App. P. 47.
On Appeal from the 219th Judicial District Court Collin County, Texas Trial Court Cause No. 219-81855-05.
Before Justices WHITTINGTON, BRIDGES, and LANG-MIERS.
MEMORANDUM OPINION
Adolfo Flores Vega was convicted of forgery. On October 19, 2006, the trial judge assessed punishment at two years' imprisonment, suspended appellant's sentence, and placed him on community supervision for two years and assessed a $250 fine. Because appellant filed a motion for new trial, appellant's notice of appeal was due by January 17, 2007. See Tex. R. App. P. 26.2(a)(2). Appellant's January 18, 2007 notice of appeal is untimely, leaving us without jurisdiction over the appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998) (per curiam). We dismiss the appeal for want of jurisdiction.
We note the trial court's judgment states that appellant was sentenced pursuant to a negotiated plea, and waived the right to appeal or "urge" a motion for new trial. However, the Rule 25.2 certification states the case did not involve a negotiated plea, and appellant has the right to appeal. See Tex. R. App. P. 25.2(d). The Rule 25.2 certification is consistent with the record in that appellant pleaded not guilty, waived his right to jury trial, and was convicted after a trial before the court.