Larry Tavitas v. The State of Texas--Appeal from 226th Judicial District Court of Bexar County (per curiam)

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MEMORANDUM OPINION No. 04-12-00422-CR Larry TAVITAS, Appellant v. The STATE of Texas, Appellee From the 226th Judicial District Court, Bexar County, Texas Trial Court No. 2011CR8818 Honorable Sid L. Harle, Judge Presiding PER CURIAM Sitting: Rebecca Simmons, Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: August 22, 2012 DISMISSED FOR WANT OF JURISDICTION Appellant Larry Tavitas was sentenced on December 1, 2011. Because he did not file a motion for new trial, appellant s notice of appeal was due to be filed no later than January 3, 2012. See TEX. R. APP. P. 26.2(a). Our records show (1) the notice of appeal was not filed until July 6, 2012, and (2) no motion for extension of time was timely filed. See id. R. 26.3. 04-12-00422-CR On July 19, 2012, we ordered appellant to show cause in writing by August 3, 2012, why his appeal should not be dismissed for want of jurisdiction. 1 To date, this court has not received any response to the order. This court lacks jurisdiction over an appeal of a criminal conviction in the absence of a timely, written notice of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) ( A timely notice of appeal is necessary to invoke a court of appeals jurisdiction. ); Shute v. State, 744 S.W.2d 96, 97 (Tex. Crim. App. 1988). Accordingly, this appeal is dismissed for want of jurisdiction. PER CURIAM DO NOT PUBLISH 1 The trial court s certification in this appeal states that this criminal case is a plea-bargain case, and the defendant has NO right of appeal. We must dismiss an appeal if a certification that shows the defendant has a right of appeal has not been made part of the record. See TEX. R. APP. P. 25.2(d). -2-

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