Jarion Culbert v. State

Opinion

Opinion issued January 5, 2012.

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-11-00145-CR

JARION CULBERT, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 232nd District Court

Harris County, Texas

Trial Court Cause No. 1264686

MEMORANDUM OPINION

              Appellant, Jarion Culbert, attempts to appeal his January 7, 2011 conviction for aggravated robbery.  Under Texas Rule of Appellate Procedure 26.2(a), a notice of appeal was due on or before February 7, 2011.  See Tex. R. App. P. 26.2(a).  Appellant filed his notice of appeal on February 14, 2011. In addition, the trial court's certification of appellant's right to appeal states that this is a plea bargain case 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 this case was untimely and the certification states that appellant has no right of appeal, we have no basis for jurisdiction over this appeal.  Accordingly, we dismiss the appeal 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, Higley, and Massengale.

Do not publish.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