Opinion filed April 11 , 202 4



### In The 

# Eleventh Court of Appeals

___ _

__ _

____ 

### No. 11

- 2 4

- 00055

- CR

____ __ _____ 

### JER MIAH JOSEPH DELAO , Appellant
V.
THE STATE OF TEXAS , Appellee

On Appeal from the 70th District Court Ector County, Texas Trial Court Cause No. A

- 20

- 0904

- CR

M E M O R A N D U M O P I N I O N Appellant , Jermiah Joseph Delao , pleaded guilty to the first

- degree felony
offense of aggravated kidnapping

. See T EX

. P ENAL C ODE A NN

. § 20.04(a), ( c ) (West
2019 ). Pursuant to a plea bargain agreement between Appellant and the State , t he
trial court sentenced Appellant to imprisonment in the Institutional Division of the Texas Department of Criminal Justice for a term of fifteen years

. Appellant filed a n untimely notice of appeal. We dismiss the appeal

.2 When this appeal was docketed, w e notified A ppellant by letter that his pro se notice of appeal appeared to be untimely and that the t rial c ourt had certified that (1) th is is a plea bargain case in which Appellant has no right of appeal and (2) Appellant had waived the right of appeal

. See T EX

. R. A PP

. P. 25.2(a)(2), (d) , 26. 2 (a) ; see also T EX

. C ODE C RIM

. P ROC

. A NN . art

. 44.02 (West 2018 )

. In our letter,

w e requested that A ppellant respond and show grounds to continue the appeal

. Appellant has responded, but he has not shown grounds upon which this appeal may
continue. Pursuant to the Texas Rules of Appellate Procedure , a notice of appeal must 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 )

. Appellant waived his right to file a motion for new trial, did not
file a motion for new trial , and filed his pro se notice of appeal more than thirty days
after his sentence was 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, 1 we do not have jurisdiction to entertain this 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).

1 Appellant ’s pro se response includes a motion for extension of time to file the notice of appeal. Appellant’s notice of appeal was due on September 1, 2022. See T EX

. R. A PP

. P. 26.2(a)(1). Therefore, any motion to extend the deadline to file a notice of appeal was due on September 18, 2022. Id. R. 26.3. To the extent his motion could be construed as a request that we grant him an out

- of

- time appeal, we are not authorized to grant such a request. The Te xas Court of Criminal Appeals is the only court with jurisdiction 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).3 Furthermore , Rule 25.2(a)(2) provides that, in a plea bargain case in which the punishment imposed does not exceed the punishment agreed to by the parties in the plea bargain, “a defendant may appeal only: (A) those matters that were raised by written motion filed and ruled on before trial, (B) after getting the trial court’s permission to appeal , or (C) where the specific appeal is expressly authorized by

statute .” T EX

. R. A PP

. P. 25.2(a)(2) . Subsections (A), (B), and (C) are not applicable
here. We note that Rule 25.2 does not permit a plea

- bargaining def endant to appeal matters related to the voluntariness of the plea bargain unless the defendant has obtained the trial court’s permission to appeal. See Cooper v. State , 45 S.W.3d 77, 83 (Tex. Crim. App. 2001); Carender v. State , 155 S.W.3d 929, 931 (Tex. App.

— Dallas 2005, no pet.).
The documents on file in th is appeal show that Appellant entered into a plea bargain , that his punishment wa s assessed by the trial court in accordance with the plea bargain , and that he waived his right of appeal. Further, t he trial court certified that Appellant has no right of appeal

. T he trial court’s certification was signed by Appellant, Appellant ’s trial counsel , and the presiding judge of the trial court. T he
documents on file in this court sup port the trial court’s certification

. See Dears v.
State , 154 S.W.3d 610 , 613

– 14 (Tex. Crim. App. 2005)

. Thus, e ven if A ppellant had timely perfected an appeal, the appeal would have been prohibited by Rule 25.2 of t he 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)

.4 W e dismiss the appeal for want of jurisdiction

.

JOHN M. BAILEY
CHIEF JUSTICE

April 11 , 202 4 Do not publish. See T EX

. R. A PP

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