III v. The State of Texas, Appellee (2011)

M E M O R A N D U M O P I N I O N

Daniel Arriaga, III seeks to appeal from a February 2, 2011 judgment of conviction for aggravated assault against a public servant.   However, the trial court certified that Arriaga waived the right of appeal.   See Tex.R.App. P. 25.2(d).  Arriaga and his counsel signed the certification.

Further, Arriaga's attempted notice of appeal is untimely.   Sentence was imposed on February 2, 2011.   No motion for new trial was filed, thus the deadline for perfecting appeal was March 4, 2011.   See Tex.R.App. P. 26.2(a)(1).   Arriaga's notice of appeal was filed on April 13, 2011.   There was no request for extension of time to file the notice of appeal.   See Tex.R.App. P. 26.3.   Additionally, there is no indication that notice of appeal was properly mailed to the district clerk within the time prescribed by rule 26.2(a).   See Tex.R.App. P. 9.2(b).

Under the circumstances, we lack jurisdiction over Arriaga's appeal and therefore dismiss it for want of jurisdiction.   See Tex.R.App. P. 25.2(d);  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).

Jeff Rose, Justice