## COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02 - 15 - 00387 - CR NO. 02 - 15 - 00388 - CR NO. 02 - 15 - 00389 - CR

TRAYWANN HOLLOWAY APPELLANT V. THE STATE OF TEXAS STATE

---------- FROM CRIMINAL DISTRI CT COURT NO. 1 OF TA RRANT COUNTY TRIAL CO URT NO S . 1400024D, 1369784D , 1369783D

---------- 

### MEMORANDUM OPINION 1

---------- On April 9, 2015, appellant Traywann Holloway pleaded guilty to and was convicted of unlawful possession of a firearm, possession with the intent to deliver between one and fo ur grams of cocaine, and possession with the intent to deliver between one and four grams of heroin. See Tex. Health & Safety Code Ann. § 481.112(c) (West 2010 ); Tex. Penal Code Ann. § 46.04(a) (West 2011 ).

1 See Tex. R. App. P. 47.4.2 In each case, the trial court certified that Ho lloway had no right to appeal. See Tex. R. App. P. 25.2(a)(2). We received Holloway’s notices of appeal from the convictions on September 25, 2015 , recorded the date of receipt on the notices, and sent them to the trial court clerk for filing. See Tex. R. App. P. 25.2(c)(1) ; see also Taylor v. State , 424 S.W.3d 39, 44 (Tex. Crim. App. 2014) (holding date of receipt in court of appeal s and date subsequently filed in trial
court are operative date s for determining timeliness of notice of appeal)

. The noti ces of appeal were filed in the t rial court four days later

. See Tex. R. App. P. 9.2(b); Taylor , 424 S.W.3d at 44. On October 26, 2015, we notified Holloway that we did not believe we had jurisdiction over his appeal s because the notice s of appeal had not been filed timely and because the trial court had certified he had no right to appeal

. See Tex. R. App. P. 25.2(d), 26.2. We warned Appellant that we would dismiss his appeal s for want of jurisdiction unless he responded showing grounds to continue t he appeal s

. See Tex. R. App. P. 44.3. Appellant responded that his notices were untimely because he received ineffective assistance of counsel and requested that we appoi nt counsel to assist him and that we grant him out

- of

time appeals. Our appellate jurisdiction is triggered through a timely filed notice of appeal. Olivo v. State , 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). If a notice of appeal is not timely filed under Rule 26.2, we do not have jurisdiction to address the merits of the appeal and may take no action

— including granting an3 out
- of

- time appeal

— other than dismissal. Slaton v. State , 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). Rule 26.2(a) requires that a notice of appeal be filed within thirty days after the date the trial court impos es sentence . Tex . R. App. P. 26.2(a). Holloway did not file his notice s of appeal within thirty days of the trial court’s imposition of sentences

. Further, the trial court certified in each of the causes Holloway is attempting to appeal that he had no r ight to appeal based on his guilty plea s entered under a plea

- bargain agreement, and Holloway has not indicated that he is appealing from a ruling on a pretrial motion or that he gained the trial court’s permission to appeal. See Tex. R. App. P. 25.2(a)(2 ), 25.2(d). Holloway’s guilty pleas, therefore, bar our consideration of his appeals. See Chavez v. State , 183 S.W.3d 675, 680 (Tex. Crim. App. 2006). For these
reasons, w e dismiss the appeals for want of jurisdiction

. See Tex. R. App. P. 43.2(f).

/s/ Lee Gabriel LEE GABRIEL JUSTICE PANEL: LIVINGSTON, C.J.; GABRIEL and SUDDERTH, JJ. DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: November 19, 2015