Opinion filed June 15 , 2023



### In The 

# Eleventh Court of Appeals

____ _

__ ____ No. 11

- 2 3

- 00107

- CR

_____ __ _

___ RICKY VARGAS , Appellant
V.
THE S TATE OF TEXAS , Appellee

On Appeal from the 350 th District Court Taylor County, Texas Trial Court Cause No. 11753

- D

M E M O R A N D U M O P I N I O N Ricky Vargas has filed an untimely pro se notice of appeal from his judgment
of conviction for the offense of continuous sexual abuse of a child

. We dismiss the appeal.
The documents on file in th i s appeal indicate that Appellant’s sentence w as imposed on October 7, 2016 , and that h is notice of appeal w as filed in the district clerk’s office on May 9, 2023 and received by the clerk of this court on May 11,2 2023

. When the appeal w as filed in this court, we notified Appellant by letter that the notice of appeal appeared to be untimely and that the appeal may be dismissed for want of jurisdiction

. We also notified A ppellant that the t rial c ourt had certified that this is a plea

- bargain case in which Appellant has no right of appeal

. See T EX

. R.
A PP

. P. 25.2(a)(2), (d) ; see also T EX

. C ODE C RIM

. P ROC

. A NN . art 44.02 (West 2018 )

. We requested that Appellant respond to our letter and show grounds to continue

. In response, Appellant filed a motion for an out

- of

- time appeal

. P ursuant to the Texas Rules of Appellate Procedure , a notice of appeal is due to be filed either (1) within thirty days after the date that sentence is imposed in open court or (2) if the defendant timely files a motion for new trial, within ninety days
after the dat e that sentence is imposed in open court. T EX

. R. A PP

. P. 2 6 .2( a ). A notice of appeal must be in writing and filed with the clerk of the trial court. T EX

. R.
A PP

. P. 25.2(c)(1 ) . The documents on file in this court re flect that Appellant’s notice of app eal w as filed 2,405 d ays after his sentence w as imposed

. The notice of appeal

w as therefore untimely. Absent a timely filed notice of appeal or the granting of a timely motion for extension of time, we do not have jurisdiction to entertain th is appeal. Slaton v.
State , 981 S.W.2d 208 , 210 (Tex. Crim. App. 1998); Olivo v. State , 918 S.W.2d 519 , 522

– 23 (Tex . Crim. App. 1996); Rodarte v. State , 860 S.W.2d 108 , 110 (Tex. Crim. App. 1993). Moreover, the trial court’s certification reflects that th is is a plea

bargain case and that Appellant ha s no right of appeal. Thus, even if A ppellant had timely perfected an appeal, th is appeal would have been prohibited by Rule 25.2 of the Texas Rules of Appellate Procedure , which provide s that an appellate court must dismiss an appeal without further action when there is no certification showing that the defendant has the right of appeal. T EX

. R. A PP

. P. 25.2(d); Chavez v. State , 183 S.W.3d 675, 680 (Tex. Crim. App. 2006); s ee Dears v. St ate , 154 S.W.3d 610 , 613

– 14 (Tex. Crim. App. 2005).3 Vargas requests that we grant him an out

- of

- time appeal. However, we are not authorized to grant a request for an out

- of

- time appeal. The Texas Court of Criminal Appeals is the only court with jurisd iction to consider a motion for an out

of

- time appeal. See Ater v. Eighth Ct. of Appeals , 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding). It appears that the substance of the relief sought by Vargas is postconviction
relief from a final f elony conviction

— relief for which the habeas corpus procedure set out in Article 11.07 of the Code of Criminal Procedure provides the exclusive remedy. See C RIM

. P ROC

. art. 11.07. Article 11.07 vests complete jurisdiction for such relief in the Texas Court of Criminal Appeals. Id. art. 11.07 §§ 3, 5 ; Bd. of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist

. , 910 S.W.2d
481 , 484 (Tex. Crim. App. 1995); Hoang v. Sta te , 872 S.W.2d 694, 697 (Tex. Crim. App. 1993). T he approp riate vehicle for Appellant to seek an out

- of

- time appeal is for him to pursue a writ of habeas corpus from the Texas Court of Criminal Appeals pursuant to Article 11.07. Accordingly, w e dismiss this appeal for want of jurisdiction.

W. BRUCE WILLIAMS
JUSTICE

June 15 , 2023 Do not publish. See T EX

. R. A PP

. P. 47.2(b). Panel consists of: Bailey, C. J., Trott er , J., and Will iams , J.