Opinion
02-24-00163-CR
06-20-2024
Tzendal Aragon-Canales, Appellant v. The State of Texas
Do Not Publish Tex.R.App.P. 47.2(b)
On Appeal from the 43rd District Court Parker County, Texas Trial Court No. CR23-0394
Before Sudderth, C.J.; Kerr and Walker, JJ.
MEMORANDUM OPINION
Brian Walker Justice
Tzendal Aragon-Canales, proceeding pro se, attempts to appeal from the trial court's judgment of conviction that was signed after Aragon-Canales entered into a plea bargain and pleaded guilty to the felony offense of aggravated assault with a deadly weapon. Based on that plea bargain, on August 14, 2023, the trial court imposed upon Aragon-Canales a sentence of eight years' confinement. As no motion for new trial was filed, Aragon-Canales's notice of appeal was due by September 13, 2023, but he did not file it until May 13, 2024. See Tex. R. App. P. 26.2(a)(1) (requiring in criminal cases where no motion for new trial is filed that notice of appeal is due within 30 days after sentence imposed).
The trial court's certification of defendant's right to appeal indicates that this was a plea-bargain case and that Aragon-Canales waived the right of appeal.
Because Aragon-Canales's notice of appeal was untimely, we notified him of our concern that we lack jurisdiction over this appeal. We warned him that we would dismiss this appeal for want of jurisdiction unless, within ten days, he or any party desiring to continue the appeal filed with this court a response showing grounds for its continuance. We received no response.
A timely-filed notice of appeal is a jurisdictional prerequisite to perfecting an appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); see also Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012). If a notice of appeal is untimely, an appellate court must dismiss the appeal for lack of jurisdiction. Castillo, 369 S.W.3d at 198. We thus dismiss this appeal for want of jurisdiction. See Olivo, 918 S.W.2d at 523; see also Tex. R. App. P. 43.2(f).