Pedro Cebrero v. State

Opinion

Opinion issued March 31, 2011

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-10-01094-CR

PEDRO CEBRERO, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 176th District Court

Harris County, Texas

Trial Court Cause No. 1164483

MEMORANDUM OPINION

              Appellant Pedro Cebrero attempts to appeal his June 3, 2010 murder conviction.  Under Texas Rule of Appellate Procedure 26.2(a), a notice of appeal was due on July 5, 2010. Tex. R. App. P. 26.2(a).  Appellant, however, filed his notice of appeal on November 29, 2010.  In addition, the trial court's certification of Appellant's right to appeal states that Appellant has waived his right to 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. 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, 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).

PER CURIAM

Panel consists of Chief Justice Radack and Justices Bland and Brown.

Do not publish.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