Michael Ray Breaux v. The State of Texas--Appeal from 104th District Court of Taylor County

11th Court of Appeals

Eastland, Texas

Opinion

Michael Ray Breaux

Appellant

Vs. No. 11-03-00238-CR B Appeal from Taylor County

State of Texas

Appellee

The trial court convicted Michael Ray Breaux, upon his plea of no contest, of aggravated assault. Pursuant to the plea bargain agreement, the trial court assessed appellant=s punishment at confinement for 15 years. We dismiss for want of jurisdiction.

The sentence was imposed on March 31, 2003. On March 31, 2003, the trial court certified that appellant had no right to appeal in this case. Appellant filed a pro se motion for new trial on May 7, 2003, 37 days after the date the sentence was imposed. Appellant filed a pro se notice of appeal on August 5, 2003, 127 days after the date the sentence was imposed.

Neither the motion for new trial nor the notice of appeal was timely filed. TEX.R.APP.P. 21.6 and 26.2. When the clerk=s record was received in this court, the clerk of this court requested that appellant respond showing grounds for continuing his appeal when it appeared that he had no right to appeal and that his motion for new trial and notice of appeal were out of time. Appellant has responded by stating that his trial counsel=s negligent failure to advise him about appellate time limits and his ignorance of the laws and rules resulted in delays in pursuing his appeal.

Absent the timely perfection of an appeal, this court lacks jurisdiction to entertain the appeal. Slaton v. State, 981 S.W.2d 208 (Tex.Cr.App.1998); Olivo v. State, 918 S.W.2d 519 (Tex.Cr.App.1996); Rodarte v. State, 860 S.W.2d 108 (Tex.Cr.App.1993); Shute v. State, 744 S.W.2d 96 (Tex.Cr.App.1988). Moreover, we note that the trial court has certified that appellant has no right to appeal.

The appeal is dismissed for want of jurisdiction.

September 11, 2003 PER CURIAM

Do not publish.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

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.