Mauricio Izaguirre v. State

Opinion issued November 8, 2016

In The

Court of Appeals

For The

First District of Texas ————————————

NO. 01-16-00486-CR ———————————

MAURICIO IZAGUIRRE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 179th District Court Harris County, Texas

Trial Court Case No. 1341419

MEMORANDUM OPINION

Appellant, Mauricio Izaguirre, pleaded guilty to the first-degree felony offense of murder, without an agreed punishment recommendation, pending a pre- sentence investigation report. 1 Following a pre-sentencing investigation report and hearing, the trial court assessed appellant’s punishment at thirty-five years’ confinement on April 4, 2016. This sentence is within the applicable range.2 The trial court certified appellant’s right of appeal because this was not a plea-bargain case and appellant had a right of appeal as to punishment. See TEX. R. APP. P. 25.2(a)(2)(B). Appellant filed his pro se notice of appeal on June 1, 2016. We dismiss this appeal for want of jurisdiction.

A criminal defendant’s notice of appeal must be filed within thirty days after the sentence is imposed, if the defendant has not filed a motion for new trial. See TEX. R. APP. P. 26.2(a)(1). An appellant may obtain an extension by filing both the notice of appeal in the trial court and a motion for extension of time in the appellate court within fifteen days after the deadline passes. See id. 26.3.

A notice of appeal that complies with the requirements of rule 26 is essential to vest the court of appeals with jurisdiction. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 522–23 (Tex. Crim. App. 1996). If an appeal is not timely perfected, a court of appeals does not obtain jurisdiction to address the merits of the appeal. See Slaton, 981 S.W.2d at 210.

Here, the trial court signed appellant’s judgment of conviction on April 4, 2016, and imposed the sentence on that date. Appellant did not timely file a motion for new trial or an extension of time to file a notice of appeal, making his notice of appeal due by May 4, 2016. See TEX. R. APP. P. 26.2(a)(1), 26.3. Appellant’s notice of appeal was not filed until June 1, 2016, fifty-eight days after the judgment was signed. See id. 26.2(a)(1). Thus, under these circumstances, we can take no action other than to dismiss this appeal for want of jurisdiction. See Slaton, 981 S.W.2d at 210; Olivo, 918 S.W.2d at 526.

Accordingly, we withdraw this Court’s July 19, 2016 Order and dismiss this appeal for want of jurisdiction.3 See TEX. R. APP. P. 43.2(f). We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Keyes, Higley, and Lloyd.

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