Opinion filed September 11, 2020

In The

Eleventh Court of Appeals _____________

No. 11-20-00173-CR

_____________

GEORGE THOMAS ABBOTT, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 104th District Court

Taylor County, Texas

Trial Court Cause No. 22375B

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

George Thomas Abbott has filed an untimely pro se notice of appeal from a

judgment of conviction for the offense of burglary of a habitation. Appellant pleaded 

true to an enhancement allegation, and the trial court assessed punishment at 

confinement for twenty years. We dismiss the appeal. 

The documents on file in this appeal indicate that Appellant’s sentence was

imposed on June 10, 2020, and that his notice of appeal was filed in the district 
2

clerk’s office on August 3, 2020. When the appeal wasfiled in 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 notified Appellant that 

the trial court had certified that this is a plea-bargain case in which Appellant has no 

right of appeal. See TEX. R. APP. P. 25.2(a)(2), (d); see also TEX.CODE CRIM. PROC.

ANN. 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 this appeal may continue. 

Pursuant to the Texas Rules of Appellate Procedure, a notice of appeal is due 

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. TEX. R. APP. P. 26.2(a). A 

notice of appeal must be in writing and filed with the clerk of the trial court. TEX. R.

APP. P. 25.2(c)(1). The documents on file in this court reflect that a motion for new 

trial was not timely filed and that Appellant’s notice of appeal was not filed with the 

clerk of the trial court until fifty-four days after the sentence was imposed. The 

notice of appeal was 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 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). Moreover, the trial court’s certification reflects that this is a pleabargain case and that Appellant has no right of appeal. Thus, even if Appellant had 

timely perfected an appeal, this appeal would have been prohibited by Rule 25.2 of 

the Texas Rules of Appellate Procedure, which provides 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. TEX. R. APP. P. 25.2(d); Chavez v. State, 183 
3

S.W.3d 675, 680 (Tex. Crim. App. 2006); see Dears v. State, 154 S.W.3d 610, 613–

14 (Tex. Crim. App. 2005). 

We dismiss this appeal for want of jurisdiction. 

PER CURIAM

September 11, 2020

Do not publish. See TEX. R. APP. P. 47.2(b).

Panel consists of: Bailey, C.J., 

Stretcher, J., and Wright, S.C.J.1

Willson, J., not participating.

1

Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland, 

sitting by assignment.