Opinion filed September 11 , 2020



### In The 

# Eleventh Court of Appeals

____ __ ___ ____ No. 11

- 20

- 00 173

- CR

_____ _

__ __ ___ GEORGE THOMAS ABBOTT , Appellant
V.
THE S TATE OF TEXAS , Appellee

On Appeal from the 104 t h District Court Taylor County, Texas Trial Court Cause No. 2 2375B

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 p unishment at confinement for twenty years. We dismiss the appeal.
The documents on file in th i s appeal indicate that Appellant’s sentence w as imposed on June 10 , 20 20 , and that h is notice of appeal w as filed in the district2 clerk’s office on August 3 , 2020

. When the appeal w as filed 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 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

. a rt

. 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 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. 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 a motion for new
trial was not timely filed and that Appellant’s not ice of appeal w as not filed with the
clerk of the trial court until fifty

- four days after the sentence w as 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 is 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 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 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 , 1833 S.W.3d 675, 680 (Tex. Crim. App. 2006); s ee Dears v. St ate , 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 T EX

. R. A PP

. 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.