TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-18-00442-CR
Michael Anthony Cardiel, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT
NO. 76553, THE HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Michael Anthony Cardiel seeks to appeal from a judgment of conviction
for evading arrest or detention with a vehicle. See Tex. Penal Code § 38.04.
Rule 26.2 of the Texas Rules of Appellate Procedure provides that an appeal is
perfected in a criminal case when notice of appeal is filed within 30 days after the day sentence is
imposed or suspended in open court unless a motion for new trial is timely filed. Tex. R. App. P.
26.2(a)(1). Compliance with Rule 26—the timely filing of a notice of appeal—is essential to vest
this Court 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 (Tex. Crim. App. 1996).
In this case, the trial court imposed sentence on November 9, 2017. No motion for
new trial was filed. The deadline for perfecting appeal was therefore December 11, 2017. See Tex.
R. App. P. 26.2(a)(1). Appellant filed his notice of appeal on June 21, 2018. Thus, appellant’s
notice of appeal—filed 224 days after sentence was imposed—is untimely. Absent a timely filed
notice of appeal, we do 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 for want of jurisdiction. See Slaton,
981 S.W.2d at 210.
Furthermore, the trial court has certified that: (1) this is a plea bargain case and
appellant has no right of appeal, and (2) appellant waived the right of appeal. See Tex. R. App. P.
25.2(a)(2). We are required to dismiss an appeal “if a certification that shows the defendant has a
right of appeal has not been made part of the record.” See Tex. R. App. P. 25.2(d); Dears v. State,
154 S.W.3d 610, 613 (Tex. Crim. App. 2005).
Accordingly, for the above reasons, we dismiss the appeal.
__________________________________________
Cindy Olson Bourland, Justice
Before Justices Puryear, Goodwin, and Bourland
Dismissed for Want of Jurisdiction
Filed: July 13, 2016
Do Not Publish
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