Jeff Lykins v. State

Opinion

Opinion issued July 28, 2011.

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-11-00532-CR

JEFF LYKINS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 351st District Court

Harris County, Texas

Trial Court Cause No. 1045003

MEMORANDUM OPINION

              Appellant, Jeff Lykins, attempts to appeal his April 15, 2011 conviction for aggravated robbery involving serious bodily injury.  Under Texas Rule of Appellate Procedure 26.2(a), a notice of appeal was due on or before Monday, May 16, 2011.  See Tex. R. App. P. 26.2(a), 4.1(a).  The earliest date that appellant could be deemed to have filed his notice of appeal is June 6, 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 appellant’s notice of appeal was untimely, 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 Jennings, Bland, and Massengale.

Do not publish.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