Before QUINN and REAVIS and CAMPBELL, JJ.
Felipe Rodriquez, Jr., appellant, pleaded guilty to the offense of driving while intoxicated, enhanced by three prior convictions for driving while intoxicated, and on August 14, 2003, the trial court sentenced him to eight years confinement in the Institutional Division of the Texas Department of Criminal Justice. He filed a pro se notice of appeal with this court on November 12, 2003.
Our appellate jurisdiction over a criminal appeal is triggered through a timely notice of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996). In the absence of a notice of appeal timely filed in compliance with the requirements of Rule of Appellate Procedure 26, a court of appeals does not obtain jurisdiction to address the merits of the appeal in a criminal case, and can take no action other than to dismiss the appeal. Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998). As applicable here, Rule of Appellate Procedure 26.2(a) requires a notice of appeal in a criminal case be filed within 30 days after the day sentence is imposed or suspended in open court, unless a timely motion for new trial is filed.
Here, the court imposed Rodriquez's sentence on August 14, 2003. The record before us does not indicate that he filed a motion for new trial. Consequently, his notice of appeal was untimely. Appellant's failure to file a timely notice of appeal prevents this court from having jurisdiction over his appeal.
The appeal is dismissed for want of jurisdiction.
James T. Campbell
Justice
Do not publish.
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1. By two July 2005 indictments, appellant was charged with two possession of child pornography offenses. Tex. Penal Code Ann. § 43.26 (Vernon 2003). Appellant pled guilty in April 2006. The trial court deferred an adjudication of appellant's guilt and placed him on community supervision for a period of five years. After a failed attempt to appeal, appellant filed an application, and two amended applications, for writs of habeas corpus. On October 29, 2007, the trial court denied relief in each case. Appellant now attempts to appeal in each of these causes pursuant to Article 11.072, § 8 of the Texas Code of Criminal Procedure. Tex. Code Crim. Proc. Ann. art. 11.072, § 8 (Vernon 2003).
2. We acknowledge that section 8 of article 11.072 expressly provides for appeal of denials of petitions filed under that article, but find it is not necessarily inconsistent with the requirement of certification under the rule of appellate procedure.