Opinion

Pedro Cebrero v. State

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Mar 31, 2011
Status
Published
Cited by
0 cases
Authority
More cited than 42.2%

The opinion

Opinion issued March 31, 2011

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-10-01094-CR

____________

PEDRO CEBRERO, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 176th District Court

Harris County, Texas

Trial Court Cause No. 1164483

MEMORANDUM

OPINION

Appellant

Pedro Cebrero attempts to appeal his June 3, 2010 murder conviction. Under Texas Rule of Appellate Procedure

26.2(a), a notice of appeal was due on July 5, 2010. Tex. R. App. P. 26.2(a). Appellant, however, filed his notice of appeal

on November 29, 2010. In addition, the

trial court's certification of Appellant's right to appeal states that

Appellant has waived his right to 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. 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).

PER CURIAM

Panel consists of Chief Justice

Radack and Justices Bland and Brown.

Do not publish. Tex.

R. App. P. 47.2(b).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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