Opinion filed November 17, 2011



### In The 

# Eleventh Court of Appeals

__________


### No s
. 11

- 1 1

- 00 304

- CR & 11

- 11

- 00305

- CR

__________
JOSEPH MARK CHARLES , Appellant

V.

STATE OF TEXAS , Appellee

On Appeal from the 238th District Court

Midland County, Texas

Trial Court Cause No s
. CR 3 7407 & CR37408

M E M O R A N D U M O P I N I O N

Appellant, Joseph Mark Charles, pleaded guilty to the offenses of indecency with a child
as a lesser included offense of aggravated sexual assault and intentionally causing serious injury

to a child. The trial court convicted appellant of these offenses a nd assessed punishment pur

suant to the plea bargain agreement at confinement for fifteen years and thirty

- five years
respectively. We dismiss the appeal s

. The papers on file in this court indicate that a ppellant’s sentence s w ere imposed on
August 25 , 20 1 1, and that no motion s for new trial w ere filed

. Ap pellant filed a pro se notice of2

appeal in each case on October 14 , 2011, fifty days after the date sentence w as imposed. On

October 21 , 2011, u pon receiving appellant’s notice s of appeal, the docketing statement s , the
judgments, and the trial court ’s certification s of the right of appeal

, this court notified the parties
by letter that the notice s of appeal appeared to be untimely

, that th ese w ere plea

- bargain case s in
which appe llant ha s no right of appeal , and that appellant had waived his right of appeal

. We
requested that appellant respond and show grounds for continuing th e appeal s . We also
informed appellant that the appeal s may be dismi ssed for want of jurisdiction.
Appel lant filed a respon s e on November 7 , 2011 . In his response , appellant
acknowledged his lack of legal expertise

, requested an extension so he could pursue these
appeals on the grounds of ineffective assistance of counsel

, and stated that he was in the proc ess of filing various motions and a post

- conviction habeas corpu s

. Pursuant to T EX

. R. A PP

. P. 26.2, the notice s of appeal w ere due to be filed within thirty
days after the date the sentence s w ere imposed in open court. Appellant’s notice s of appeal w ere

not filed until f

ifty days after his sentence s w ere imposed. Appellant did not file a motion for

extension of time as provided for in T EX

. R. A PP

. P . 26.3. Rule 26.3 mandates that the notice of
appeal and the motion for extension must be filed within fi fteen days after the deadline for filing
the notice of appeal. Absent a timely notice of appeal or compliance with Rule 26.3, this court
lacks jurisdiction to entertain an appeal. Slaton v. State , 981 S.W.2d 208 (Tex. Crim. App.
1998); Olivo v. State , 91 8 S.W.2d 519 (Tex. Crim. App. 1996); Rodarte v. State , 860 S.W.2d 108
(Tex. Crim. App. 1993). W e are also without jurisdiction to grant appellant’s request for

extension that was included in his response to this court’s letter because such request was fil ed
more than fifteen days after the date that the notices of appeal were due. Olivo , 918 S.W.2d 519.
Accordingly, th ese appeal s are dismi ssed for want of jurisdiction.

PER CURIAM

November 17, 2011
Do not publish. See T EX

. R. A PP

. P. 47.2(b).

Panel consists of: Wright, C.J., McCall, J., and Hill, J. 1

1 John G. Hill, Former Justice, Court of Appeals, 2nd District of Texas at Fort Worth, sitting by assignment.