COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-10-00536-CR
INGRID D. BITTLE APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM COUNTY CRIMINAL COURT NO. 4 OF TARRANT COUNTY
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MEMORANDUM OPINION1
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Appellant Ingrid D. Bittle attempts to appeal her July 22, 2010 theft
conviction, imposed pursuant to a plea agreement. Under Texas Rule of
Appellate Procedure 26.2(a), a notice of appeal was due on August 23, 2010.
Tex. R. App. P. 26.2(a). Appellant, however, filed her notice of appeal on
December 15, 2010. In addition, the trial court’s certification of Appellant’s right
to appeal states that Appellant has waived her right to appeal. See Tex. R. App.
P. 25.2(a)(2).
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See Tex. R. App. P. 47.4.
On December 30, 2010, we sent Appellant and her attorney a letter
advising that we were concerned that we lacked jurisdiction over this appeal and
that we would dismiss the appeal for want of jurisdiction unless Appellant or any
party desiring to continue the appeal filed a response showing grounds for
continuing the appeal by January 10, 2011. Appellant filed a response, but it
does not set forth grounds for continuing the appeal. Appellant’s attorney did not
respond.
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: GARDNER, WALKER, and MCCOY, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: February 10, 2011
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