Opinion issued July 9 , 201 9

In The 

## Court of Appeals For The 

## First District of Texas

———————————— NO. 01
- 1 9
- 0 0 40 3
- CR

——————————— LABASIE V. JONES , Appella nt

V. THE STATE OF TEXAS , Appell e e
On Appeal from the 35 1 s t District Court

Harris County, Texas Trial Court Ca se No. 1 5 60920

MEMORANDUM OPINION Appellant, Labasie V. Jones, pleaded guilty to the reduced class A
misdemeanor offense of criminal mischief with a n agreed punishment recommendation of 180 days’ confinement in county jail

. 1 In accordance with his

1 See T EX

. P ENAL C ODE A NN

. § 2 8 .03(a)(2), (b) (3)(A) (West 2011).2

plea bargain, t he trial court found appellant guilty and a s s e ss ed his punishment at
18 0 days’ confi nement in county jail on April 11, 2018

. 2 The trial court certified that appellant ha d waived his right of appeal. See T EX

. R. A PP

. P. 25.2(a)(2). Appellant did not file his pro se notice of appeal until over a year later on May 21,
2019 . We dismiss th i s appeal for want of jurisdiction.
A criminal defendant’s notice of appeal must be filed within thirty days after the sentence is imposed, or within ninety days after the sentence is imposed if the defendant has timely filed a motion for new trial. See T EX

. R. A PP

. P. 26.2(a). The time for filing a notice of appeal may be extended if, within fifteen days of the
d e a d li n e f o r fil i n g t h e n o t i c e o f a p p ea l , a n app e llant f il e s both a notice of a

pp ea l and

a m o tion f o r a n extension of ti m

e to f ile the notice of app e a l

. See T EX

. R. A PP

. P. 26.3; D o ug l a s v. S t

a t e , 9 8 7 S. W .2 d 6 0 5 , 6 0 6 ( T ex
. A pp
. — H o u s to n [1 s t D i s t. ] 19 9 9 ,

n o pet.) ( “ T h e li m

ited , 1 5

- d a y exte n d e d t i m e peri o d a

p pli es t o b o t h t h e no ti c e a n d

t h e m ot i o n f o r e x tens i o n ; b ot h m

us t b e fi l ed wit h i n t h e 1 5

- d ay t i m e per i od. ” )

. A notice of appeal that complies with the requirements of R ule 26 is essential to vest the court of appeals with jurisdiction. See 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). If an appeal is not timely perfected, a court of appeals does not obtain jurisdiction to address the merits of the appeal. See Slaton , 981 S.W.2d at 210

.

2 See T EX

. P ENAL C ODE A NN

. § 12.2 1 ( 2 ) (West 2011).3

Here, the trial court signed appellant’s judgment o f conviction on April 11, 2018, and imposed the sentence th at da y
. Appellant did not timely file a motion for new trial, making h is notice of appeal due by May 11, 2018

. See T EX

. R. A PP

. P. 4.1(a), 26.2(a)( 1 ). A ppellant’s notice of appeal w as not filed until May 22 , 201 9 , more than one year after h is sentence was imposed and, thus, was filed untimely.
See T EX

. R. A PP

. P. 26.3; D o ug l a s , 9 8 7 S. W .2 d at 6 0 6

. Thus, under these circumstances, we can take no action other than to dismiss th i s appeal for want of jurisdiction. 3 See Slaton , 981 S.W.2d at 210; Olivo , 918 S.W.2d at 526. Accordingly, we dismiss th i s appeal for want of jurisdiction. See T EX

. R. A PP

. P. 43.2(f)

. We dismiss any pending motions as moot.
PER CURIAM Panel consists of Justices Keyes, Kel ly, and Goodman

. Do not publish. T EX

. R. A PP

. P. 47.2 (b).

3 Moreover, even if appellant had timely appealed, this appeal must be dismissed because the trial court’s certification stated t hat appellant waived his right of appeal. See T EX

. R. A PP

. P. 25.2(a)(2), (d). The clerk’s record , filed in this Court, supports the trial court’s certification. See Dears v. State , 154 S.W.3d 610, 615 (Tex. Crim. App. 2005).