Opinion
No. 04-12-00422-CR
08-22-2012
Larry TAVITAS, Appellant v. The STATE of Texas, Appellee
MEMORANDUM OPINION
From the 226th Judicial District Court, Bexar County, Texas
Trial Court No. 2011CR8818
Honorable Sid L. Harle, Judge Presiding
PER CURIAM Sitting: Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
DISMISSED FOR WANT OF JURISDICTION
Appellant Larry Tavitas was sentenced on December 1, 2011. Because he did not file a motion for new trial, appellant's notice of appeal was due to be filed no later than January 3, 2012. See TEX. R. APP. P. 26.2(a). Our records show (1) the notice of appeal was not filed until July 6, 2012, and (2) no motion for extension of time was timely filed. See id. R. 26.3.
On July 19, 2012, we ordered appellant to show cause in writing by August 3, 2012, why his appeal should not be dismissed for want of jurisdiction. To date, this court has not received any response to the order.
The trial court's certification in this appeal states that "this criminal case is a plea-bargain case, and the defendant has NO right of appeal." We must dismiss an appeal "if a certification that shows the defendant has a right of appeal has not been made part of the record." See TEX. R. APP. P. 25.2(d).
This court lacks jurisdiction over an appeal of a criminal conviction in the absence of a timely, written notice of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) ("A timely notice of appeal is necessary to invoke a court of appeals' jurisdiction."); Shute v. State, 744 S.W.2d 96, 97 (Tex. Crim. App. 1988). Accordingly, this appeal is dismissed for want of jurisdiction.
PER CURIAM DO NOT PUBLISH