Robert Allen Ortega v. The State of Texas--Appeal from 35th District Court of Brown County

Opinion filed March 29, 2007

In The

Eleventh Court of Appeals

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   No. 11-07-00047-CR

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   ROBERT ALLEN ORTEGA, Appellant

V.

STATE OF TEXAS, Appellee

On Appeal from the 35th District Court

Brown County, Texas

Trial Court Cause No. CR18541

O P I N I O N

The trial court convicted Robert Allen Ortega, upon his plea of guilty, of burglary of a habitation. Pursuant to the plea bargain agreement, the trial court imposed a sentence of confinement for twelve years. We dismiss the appeal.

The trial court imposed the sentence in open court on January 4, 2007. The trial court stated in its certification of right to appeal that this was a plea bargain agreement case and that appellant had no right to appeal. A motion for new trial was not filed. The records in this court reflect that appellant filed a pro se notice of appeal on March 8, 2007, sixty-three days after the date the sentence was imposed in open court. Also on February 27, 2007, appellant filed in this court a continuance of notice of appeal.

On March 9, 2007, the clerk of this court wrote the parties notifying them that it appeared the notice of appeal was not timely and directing appellant to respond in writing showing grounds for continuing the appeal. The clerk also notified the parties that the trial court had stated that appellant had no right to appeal. There has been no response to our letter of March 9, 2007.

Pursuant to Tex. R. App. P. 26.2(a)(1), appellant=s notice of appeal was due to be filed within thirty days of the date the sentence was imposed in open court. In order to receive an extension of time in which to perfect his appeal, appellant was required to file his notice of appeal and proper motion within fifteen days of the original due date for the notice of appeal. Tex. R. App. P. 26.3. Appellant has not complied with the requirements of either Rule 26.2(a)(1) or 26.3. Absent a timely notice of appeal or the granting of a timely motion for extension of time, this court does not have jurisdiction to entertain an appeal. Slaton v. State, 981 S.W.2d 208 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519 (Tex. Crim. App. 1996); Rodarte v. State, 860 S.W.2d 108 (Tex. Crim. App. 1993); Shute v. State, 744 S.W.2d 96 (Tex. Crim. App. 1988).

Therefore, this appeal is dismissed for want of jurisdiction.

PER CURIAM

March 29, 2007

Do not publish. See Tex. R. App. P. 47.2(b).

Panel consists of: Wright, C.J.,

McCall, J., and Strange, J.