Opinion issued August 28, 2018

In The 

## Court of Appeals For The 

## First District of Texas

———————————— NO. 01
- 1 8
- 0 0 524
- C R NO. 01
- 1 8
- 00 526
- CR

——————————— EDGAR BENJAMIN GREEN , Appella nt

V. THE STATE OF T E XAS , Appell e e
On Appeal from the 176 th and 182nd District Court s

Harris County, Texas Trial Court Ca se No s . 974325 & 533781

MEMORANDUM OPINION Appellant, Edgar Benjamin Green , pleaded guilty in 1989 to the s econd

degree felony offense of possession of a controlled substance, namely cocaine, in the underlying trial court cause number 533781 , for which the trial court adjudicated2

him guilty and assessed his punishment at two years’ confinement on July 20, 1989

. 1 Appellant later pleaded guilty in 2004 to the first

- degree felony offense of posse ssion with intent to deliver a controlled substance , namely cocain e, weighing more than 4 grams and less than 200 grams by aggregate weight, in the trial court cause number 974325, for which the trial court assessed his punishment at five years’ confinemen t on February 13, 2004. 2 A ppellant did not file h is p ro se notice s of appeal until June 12, 2018, and was appointed counsel only in the 01

- 18

- 00526

- CR case

. 3 We dismiss th e s e appeal s for want of jurisdiction. A criminal defendant’s notice of appeal must be filed within thirty days after the sentence is imposed, or within ninety days after the sentence is imposed if the defendant has timely filed a motion for new trial. See T EX
. R. A PP
. P. 26.2(a). The time fo r filing a notice of appeal may be extended if, within fifteen days of the
d e a d li n e f o r fil i n g t h e n o t i c e o f a p p ea l , a n app e llant f il e s both a notice of a

pp ea l and

a m o tion f o r a n extension of ti m

e to f ile the notice of app e a l

. See T EX
. R. A PP
. P. 26.3; D o ug l a s v. S t

a t e , 9 8 7 S. W .2 d 6 0 5 , 6 0 6 ( T ex . A pp . — H o u s to n [1 s t D i s t. ] 19 9 9 ,

1 See T EX
. P ENAL C ODE A NN
. § 12.33(a) (West 2011); T EX
. H EALTH & S AFETY C ODE A NN
. §§ 481.102(3)(D), 481.115(a), (d) (West 201 0 )

.
2 See T EX
. P ENAL C ODE A NN
. § 12.32(a) (West 201 1 ) ; T EX
. H EALTH & S AFETY C ODE A NN
. §§ 481.102(3)(D), 481.112(a), (d) (West 201 0 )

.
3 Appellate cause number 01

- 18

- 00524

- CR; trial court cause number 974325. Appellate cause number 01

- 18

- 00526

- CR; trial court cause number 533781

.3

n o pet.) ) ( “ T h e li m

ited , 1 5

- d a y exte n d e d t i m e peri o d a

p pli es t o b o t h t h e no ti c e a n d
t h e m ot i o n f o r e x tens i o n ; b ot h m

us t b e fi l ed wit h i n t h e 1 5

- d ay t i m e per i od. ” )

. A notice of appeal that complies with the requirements of rule 26 is essential to vest the court of appeals with jurisdiction. See 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). If an appeal is not timely perfected, a court of appeals does not obtain jurisdiction to address the merits of the appeal. See Slaton , 981 S.W.2d at 210

. Here, the trial court signed appellant’s judgment s of conviction in each case

on July 20, 1989, in trial court cause number 533781 , and February 13, 2004, in trial court cause number 974325, and imposed the sentence s on th ose date s . Appellant did not timely file a motion for new trial, making h is notice o f appeal due by August
2 1 , 1989, in the first case, and March 15, 2004, in the second case

. See T EX
. R. A PP
. P. 4.1(a), 26.2(a)( 1 ). A ppellant’s notice s of appeal w ere not filed until June 12, 2018, nearly twenty

- nine years after the first sentence was im posed and more than fourteen years after the second sentence was imposed and, thus, both were filed untimely

. See T EX
. R. A PP
. P. 26.3; D o ug l a s , 9 8 7 S. W .2 d at 6 0 6

. Thus, under these circumstances, we can take no action other than to dismiss th e s e appeal s for want of jurisdiction. 4 See Slaton , 981 S.W.2d at 210; Olivo , 918 S.W.2d at 526.

4 Moreover, even if appellant had timely appealed, th e s e appeal s must be dismissed because the trial court’s certification s, in each c a se , state d t hat th e s e w ere plea

bargained case s and that he ha d no right of appeal. See T EX
. R. A PP
. P. 25.2(a)(2),4

Accordingly, we dismiss th e s e appeal s for want of jurisdiction. See T EX
. R.
A PP
. P. 43.2(f)

. We dismiss a ny pending motions as moot. PER CURIAM Panel consists of Justices Jennings, Higley, and Massengale

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

(d). The clerk’s record s , filed in this Court in each case, support s the trial court’s certification s . See Dears v. State , 154 S.W.3d 610, 615 (Tex. Crim. App. 200 5).