Opinion issued December 20 , 2016

In The 

## Court of Appeals For The 

## First District of Texas

———————————— NO. 01
- 1 6
- 00 66 3
- CR

——————————— RONALD EUGENE WILLIA MS , Appella nt

V. THE STATE OF TEXAS , Appell e e
On Appeal from the 183rd District Court

Harris County, Texas Trial Court Ca se No. 1408771

MEMORANDUM OPINION Appellant, Ronald Eugene Williams , pleaded guilty to the felony offense of possession of a controlled substance 1 and pleaded true to the allegations in two state

1 See T EX
. H EALTH & S AFETY C ODE A NN
. § 481.115 (a) (West 20 10 ).2

jail felony enhancement paragraph s . 2 The trial court found appellant guilty, found the enhancement s true, and, i n accordance with the terms of a ppellant’s plea bargain agreement with the State, sentenced a ppellant to two years in prison

. Appellant filed

a pro se notice of appeal. We dismiss the appeal. Appellant did not file a motion for new trial or a motion for extension of time to file his notice of appeal. See T EX
. R. A PP
. P . 26.2(a)(2), 26.3(b); Olivo v. State , 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (requiring both notice of appeal and motion for extension to be filed within 15 days of original due date for notice of appeal). Therefore, appellant’s notice of appeal was due on or before Februa ry 5,
2014

. See T EX
. R. A PP
. P. 26.2(a) (1)

. A notice of appeal that com plies with the requirements of R ule 26 is essential to vest this court with jurisdiction. S ee S laton v. State , 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). The court of criminal app eals has expressly held that without a timely filed notice of appeal we cannot exercise jurisdiction over an appeal. See Olivo , 918 S.W.2d at 522; see also Slaton , 981 S.W.2d at 210. Because appellant’s July 28, 2016 notice of appeal was untimely, 3 we ha ve no basis for jurisdiction over this appeal. See Slaton , 981 S.W.2d at 210; Olivo , 918 S.W.2d at 523.

2 See T EX
. P ENAL C ODE A NN . § 12.4 2 ( a ) (West Supp. 2016 ).

3 The record contains no envelope or postmark date for a ppellant’s notice of appeal, which contains no certificate of service. See T EX
. R. A PP
. P. 9.2(b), 26.2(a) , 26.3; Olivo v. State , 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Further, appellant has3

Further, i n a plea bargain case, a defendant may only appeal those matters that were raised by written motion filed and ruled on before trial or after getting the trial court’ s permission to appeal. T EX
. C ODE C RIM
. P ROC
. A NN . art. 44.02 (West 2006 );
T EX
. R. A PP
. P. 25.2(a)(2). An appeal must be dismissed if a certification showing that the defendant has the right of appeal has not been m ade part of the record. T EX
. R. A PP
. P. 25.2 (d). Here, the trial court’ s certification is included in the record on appeal. See id

. T he trial court ’s certification states t hat this is a plea bargain case and that the defendant has no right of appeal. See id

. 25.2(a)(2). The record supports the trial court’ s certification. See Dears v. State , 154 S.W.3d 610, 615 (Tex. Crim. App. 2005). Because appellant has no right of appeal , we must dismiss this appeal

. See Chavez v. State , 183 S.W.3d 675, 680 (Tex. Crim. App. 2006) (“A court of appeals, while having jurisdiction to ascertain whether an appellant who plea

- bargained is permitted to appeal by Rule 25.2(a)(2), must dismiss a prohibited appeal without further action, regardl ess of the basis for the appeal.”)

. We note that t he record reflects that on August 13, 2014, the Harris County District Attorney informed

provided no evidence to show that he delivered his notice of appeal to jail officials by February 5 , 201 4 , which was 904 days prior to the date the notice of appeal was file

- stamped. Se e Campbell v. State , 320 S.W.3d 338, 344 (Tex. Crim. App. 2010) (“We hold that the pleadings of pro se inmates shall be d eemed filed at the time they are delivered to prison authorities for forwarding to the court clerk.”).4

appellant that he was “convicted in error.” Appellant may wish to pursue this contention through a post

- conviction application for writ of habeas corpu s pursuant to article 11.07. See T EX
. C ODE C RIM
. P ROC
. A NN . art. 11.07 (West 2015).
We dismiss the appeal for want of jurisdiction. We dismiss any pending motions as moot. PER CURIAM Panel consists of Chief Justice Radack and Justices Jennings and B land

. Do not p ublish. T EX
. R. A PP
. P. 47.2(b).