MIGUEL ALVAREZ v. THE STATE OF TEXAS (2010)

MEMORANDUM OPINION

Miguel Alvarez pleaded nolo contendere to possession with intent to deliver cocaine in an amount of 200 grams or more but less than 400 grams.   Pursuant to a plea agreement, punishment was assessed at ten years' imprisonment.   Sentence was imposed in open court on April 24, 2008.   Appellant filed a motion for new trial on May 21, 2008;  therefore, his notice of appeal was due by July 23, 2008.   See Tex.R.App. P. 26.2(a)(2).   Appellant filed a pro se notice of appeal on September 13, 2010.   Because the notice of appeal is untimely, we have no jurisdiction over the appeal.¹  See Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App.1998) (per curiam);  Boyd v. State, 971 S.W.2d 603, 605-06 (Tex.App.-Dallas 1998, no pet.).

We dismiss the appeal for want of jurisdiction.

FOOTNOTES

FN1. We further lack jurisdiction because the trial court certified both that the case involved a plea bargain and appellant has no right to appeal and that appellant waived his right to appeal.   See Tex.R.App. P. 25.2(d);  Blanco v. State, 18 S.W.3d 218 (Tex.Crim.App.2000).   The certification is supported by the record.   See Dears v. State, 154 S.W.3d 610, 614-15 (Tex.Crim.App.2005)..  FN1. We further lack jurisdiction because the trial court certified both that the case involved a plea bargain and appellant has no right to appeal and that appellant waived his right to appeal.   See Tex.R.App. P. 25.2(d);  Blanco v. State, 18 S.W.3d 218 (Tex.Crim.App.2000).   The certification is supported by the record.   See Dears v. State, 154 S.W.3d 610, 614-15 (Tex.Crim.App.2005).

PER CURIAM