Opinion filed November 12 , 2021



### In The 

# Eleventh Court of Appeals

____ _

__ ____ No. 11

- 2 1

- 00 2 3 9

- CR

_____ __ _

___ STEPHEN LEE FARRIS , Appellant
V.
THE S TATE OF TEXAS , Appellee

On Appeal from the 238 t h District Court Midland County, Texas Trial Court Cause No. CR52629

M E M O R A N D U M O P I N I O N Stephen Lee Farris has filed an untimely pro se notice of appeal from his judgment s of conviction for the offense s of burglary of a habitation and violation of a protective order

. We dismiss the appeal.
The documents on file in th i s appeal indicate that Appellant’s sentence for
each conviction w as imposed on October 4, 2019 , and that h is notice of appeal w as filed in the district clerk’s office on October 18 , 202 1

. When the appeal w as filed in2 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

n otified 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

. Appellant has filed a response , but he has not shown grounds upon which th is appeal may continue

. P ursuant to the Texas Rules of Appellate Procedure , a notice of appeal is du e 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 date 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 appeal w as filed over two years after his sentence s w ere 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 e s e appeal s

. Slaton v.
State , 981 S.W.2d 208 , 210 (Tex. C rim. 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 mus t 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. State , 154 S.W.3d 610 , 613

– 14 (Tex. Crim. App. 2005).3 We dismiss this appeal for want of jurisdiction.

PER CURIAM

November 12 , 2021 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.