Opinion filed November 14 , 2019



### In The 

# Eleventh Court of Appeals

____ _ __ ____ No. 11

- 1 9

- 00 315

- CR

_____ _ _ _ ___ JOE DARRYL HUGHES A/K/A JOE HUGHES A/K/A JOE DOYLE HUGHES , Appellant

V.
THE S TATE OF TEXAS , Appellee

On Appeal from the 350th District Court

Taylor County, Texas Trial Court Cause No. 13506

- D

M E M O R A N D U M O P I N I O N Appellant has filed an untimely pro se notice of appeal from a judgment of
conviction for the offense of possession of methamphetamine

. Pursuant to the terms of a plea agreement, the trial court assessed Appellant’s punishment at confinement for six years, suspended the imposition of the sentence, placed Appellant on2

community supervision for a term of six y ears, and imposed a fine of $1,000. We dismiss the appeal.
The documents on file in th is appeal indicate that Appellant’s sentence was imposed on March 28, 201 9 , and that a motion requesting an appeal w as filed in the
district clerk’s office on October 23 , 201 9

. When the appeal w as filed in this court, we notified Appellant , via his counsel, that the trial court had certified that th is was

a plea

- bargain case in which Appellant had no right of appeal. We requested that Appellant respond to our letter and show grounds to continue

. Appellant has not filed a response.
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 tha t sentence is imposed or suspended in open court or (2) if the defendant timely files a motion for new trial, within ninety days after the date that sentence is imposed or suspended 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 appeal w as filed with the clerk of the trial

court 2 09 days after the se ntence was suspended in open court

. 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). Furthermore, we are not authorized to grant Appellant’s request for an

out

- of

- time appeal. See Slaton , 981 S.W.2d at 210. 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 , which3

provide s that an appellate court must dismiss an appeal without further action when
there is no certifi cation 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. State , 154 S.W.3d 610 , 613

– 14 (Tex. Crim. App. 2005).
Th is appeal is dismissed for want of jurisdiction.

PER CURIAM

November 14 , 2019 Do not publish. See T EX

. R. A PP

. P. 47.2(b).
Panel consists of: Bailey
, C. J., Stretcher, J., and Wright, S. C.J. 1

W illson, J., not participating.

1 Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland, sitting by assignment.