Opinion
No. 05-09-00156-CR
Opinion Filed May 13, 2009. DO NOT PUBLISH. Tex. R. App. P. 47.
On Appeal from the Criminal District Court No. 2, Dallas County, Texas, Trial Court Cause No. F05-83549-I.
Before Chief Justice THOMAS and Justices FRANCIS and MURPHY.
MEMORANDUM OPINION
Darnell Slaughter pleaded guilty to criminal mischief. Pursuant to a plea agreement, the trial court assessed punishment at sixteen months' confinement in a state jail facility. Sentence was imposed in open court on October 23, 2006. No timely motion for new trial was filed; therefore, appellant's notice of appeal was due by November 22, 2006. See Tex. R. App. P. 26.2(a)(1). Appellant's February 5, 2009 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); Boyd v. State, 971 S.W.2d 603, 605-06 (Tex.App.-Dallas 1998, no pet.). Moreover, the trial court's rule 25.2(d) certification states the case involves a plea bargain and appellant has no right to appeal. See Dears v. State, 154 S.W.3d 610, 614-15 (Tex.Crim.App. 2005). We dismiss the appeal for want of jurisdiction.