Dijwun Gabriel Morgan v. State

Opinion

Opinion issued March 8, 2012.

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-12-00030-CR

NO. 01-12-00031-CR

NO. 01-12-00032-CR

NO. 01-12-00033-CR

DIJWUN GABRIEL MORGAN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 177th District Court

Harris County, Texas

Trial Court Cause Nos. 1280585, 1280892, 1280894, and 1290398

MEMORANDUM OPINION

               Appellant, Dijwun Gabriel Morgan, attempts to appeal his September 30, 2011 convictions on four counts of the offense of aggravated robbery with a deadly weapon.  Under Texas Rule of Appellate Procedure 26.2(a), a notice of appeal was due on or before October 31, 2011.  See Tex. R. App. P. 26.2(a).  Appellant filed his notice of appeal on January 3, 2012.  In addition, the trial court’s certifications of Appellant’s right to appeal state that these are plea bargain cases and that the defendant has no right of appeal.  See Tex. R. App. P. 25.2(a)(2).

               A notice of appeal that complies with the requirements of Rule 26 is essential to vest this court with jurisdiction.  See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998).  The court of criminal appeals has expressly held that, without a timely filed notice of appeal or motion for extension of time, we cannot exercise jurisdiction over an appeal.  See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); see also Slaton, 981 S.W.2d at 210.

Because the notice of appeal in these cases was untimely, we have no basis for jurisdiction over these appeals.  Accordingly, we dismiss the appeals for want of jurisdiction.  See Tex. R. App. P. 25.2(d), 42.3(a), 43.2(f).  We dismiss all pending motions as moot.

PER CURIAM

Panel consists of Justices Keyes, Bland, and Sharp.

Do not publish.   Tex. R. App. P. 47.2(b).