Opinion
Nos. 01-05-00623-CR, 01-05-00624-CR
Opinion issued January 5, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 337th District Court, Harris County, Texas, Trial Court Cause Nos. 1013419 and 1013420.
Panel consists of Chief Justice RADACK, and Justices ALCALA and BLAND.
MEMORANDUM OPINION
We lack jurisdiction to hear these appeals. The trial court sentenced appellant, Curtis L. Thomas, and signed a final judgment in this case on January 19, 2005. Curtis L. Thomas did not file a motion for new trial, and therefore the deadline for filing a notice of appeal was February 18, 2005, 30 days after sentencing. See Tex.R.App.P. 26.2(a)(1). Curtis L. Thomas filed a pro se notice of appeal on June 17, 2005, 149 days after the deadline. An untimely notice of appeal fails to vest the appellate court with jurisdiction to hear the case. Slaton v. State, 981 S.W.2d 208, 209-10 (Tex.Crim.App. 1998); Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996); Douglas v. State, 987 S.W.2d 605, 605-06 (Tex.App.-Houston [1st Dist.] 1999, no pet.). We therefore dismiss the appeal for lack of jurisdiction. All pending motions are denied as moot. It is so ORDERED.
Because we lack jurisdiction to hear the appeals, we do not address issues raised in the briefs submitted.
We note that appellant pleaded guilty to two offenses and, in accordance with his plea bargain agreements with the state, the trial court sentenced appellant to confinement for four years in each case. In a plea-bargained case in which the punishment assessed does not exceed the plea agreement, a defendant may appeal only those matters that were raised by written motion filed and ruled on before trial, or after obtaining the trial court's permission to appeal. Griffin v. State, 145 S.W.3d 645, 648-49 (Tex.Crim.App. 2004); Cooper v. State, 45 S.W.3d 77, 80 (Tex.Crim.App. 2001); Tex.R.App.P. 25.2(a)(2).
Additionally, the trial court's certification of appellant's right to appeal in this case states that this is a plea-bargained case and appellant has no right to appeal. See Buck v. State, 45 S.W.3d 275, 278 (Tex.App.-Houston [1st Dist.] 2001, no pet.) The record supports the correctness of the certification. Dears v. State, 154 S.W.3d 610 (Tex.Crim.App. 2005). We must dismiss an appeal if the trial court's certification shows there is no right to appeal. See Tex.R.App.P. 25.2(d).