Opinion
NO. 01-17-00777-CR
12-12-2017
EDDIE TYRONE MANUEL, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the County Criminal Court at Law No. 3 Harris County, Texas
Trial Court Case No. 2024515
MEMORANDUM OPINION
Appellant, Eddie Tyrone Manuel, pursuant to an agreement with the State, pleaded guilty to the misdemeanor offense of possession of a controlled substance, namely diazepam, weighing less than twenty-eight grams. On May 8, 2015, the trial court found appellant guilty, assessed his punishment at confinement for seventy days, and certified that this "is a plea-bargain case, and [appellant] has NO right of appeal." Over two years later, on June 8, 2017, appellant filed a pro se notice of appeal.
See TEX. HEALTH & SAFETY CODE ANN. § 481.117(a), (b) (Vernon 2017); see also id. § 481.104(a)(2) (Vernon Supp. 2017).
We dismiss the appeal for lack of jurisdiction.
We cannot exercise jurisdiction over an appeal without a timely filed notice of appeal. See TEX. R. APP. P. 26.2(a); see also Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). A defendant's notice of appeal is timely if filed within thirty days after the date sentence is imposed or suspended in open court or within ninety days after that date if the defendant timely files a motion for new trial. TEX. R. APP. P. 26.2(a); see Bayless v. State, 91 S.W.3d 801, 805 (Tex. Crim. App. 2002); Lair v. State, 321 S.W.3d 158, 159 (Tex. App.—Houston [1st Dist.] 2010, pet. ref'd). And, this Court has no authority to allow the late filing of a notice of appeal except as provided by Texas Rule of Appellate Procedure 26.3. See TEX. R. APP. P. 26.3; Olivo, 918 S.W.2d at 522.
Here, the trial court imposed sentence and signed the judgment of conviction on May 8, 2015. The clerk's record filed in this Court does not reflect that appellant timely filed a motion for new trial. See TEX. R. APP. P. 21.4(a). Appellant's notice of appeal, therefore, was due to be filed no later than June 8, 2015. See TEX. R. APP. P. 4.1, 26.2(a)(1); Olivo, 918 S.W.2d at 522. His notice of appeal, filed over two years later on June 8, 2017, was untimely to perfect an appeal of the May 8, 2015 judgment of conviction, and we have no basis for jurisdiction over the appeal. See Olivo, 918 S.W.2d at 522; Lair, 321 S.W.3d at 159.
Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 43.2(f). We dismiss all pending motions as moot.
PER CURIAM Panel consists of Justices Jennings, Massengale, and Caughey.
Do not publish. TEX. R. APP. P. 47.2(b).