11th Court of Appeals

Eastland, Texas

Opinion

Miguel Torres

            Appellant

Vs.                  No. 11-04-00153-CR – Appeal from Taylor County

State of Texas

            Appellee

            The trial court convicted Miguel Torres, upon his plea of guilty, of possession with the intent to deliver cocaine in a drug-free zone. Pursuant to the plea bargain agreement, the trial court sentenced appellant to confinement for 20 years. We dismiss the appeal.

            The sentence was imposed in open court on December 23, 2003. Appellant was represented by retained counsel at trial. The trial court’s certification of appeal reflects that appellant waived his right to appeal. On May 12, 2004, appellant filed a pro se notice of appeal, 141 days after the date the sentence was imposed in open court.

            The clerk of this court wrote appellant that the notice of appeal was untimely pursuant to TEX.R.APP.P. 26.2 and requested that appellant respond showing grounds for continuing the appeal. Appellant has responded by challenging the voluntariness of his plea. Appellant’s arguments cannot extend the time for perfecting an appeal, are not properly before this court, and should be raised in a post-conviction writ of habeas corpus pursuant to TEX. CODE CRIM. PRO. ANN. art. 11.07 (Vernon Supp. 2004). Absent a timely notice of appeal, this court lacks jurisdiction to entertain this 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).

            The appeal is dismissed for want of jurisdiction.

                                                                                    PER CURIAM

July 8, 2004

Do not publish.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

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

Wright, J., and McCall, J.