Opinion issued April 21, 2011

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-01093-CR

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DAVID BROWN PERMENTER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Cause No. 1245897

MEMORANDUM OPINION

              Appellant, David Brown Permenter, attempts to appeal his March 18, 2010 conviction for driving while intoxicated, third offense.  Under Texas Rule of Appellate Procedure 26.2(a), a notice of appeal was due on or before April 19, 2010.  See Tex. R. App. P. 26.2(a).  Appellant filed his notice of appeal on December 3, 2010. In addition, the trial court's certification of Appellant's right to appeal states that this is a plea bargain case and that the defendant has no right of appeal.  See Tex. R. App. P. 25.2(a)(2).

              A notice of appeal that complies with the requirements of Rule 26 is essential to vest this court with jurisdiction.  See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998).  The court of criminal appeals has expressly held that, without a timely filed notice of appeal or motion for extension of time, we cannot exercise jurisdiction over an appeal.  See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); see also Slaton, 981 S.W.2d at 210.

          Because the notice of appeal in this case was untimely, we have no basis for jurisdiction over this appeal.  Accordingly, we dismiss the appeal for want of jurisdiction.  See Tex. R. App. P. 25.2(d), 42.3(a), 43.2(f).  All pending motions are dismissed as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Alcala and Bland.

Do not publish.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