Daniel Vasquez Dominguez v. State ( 2006 )

Opinion filed April 27, 2006

Opinion filed April 27, 2006

                                                                        In The

    Eleventh Court of Appeals

                                                                   __________

                                                          No. 11-06-00072-CR

                                                    __________

                           DANIEL VASQUEZ DOMINGUEZ, Appellant

                                                             V.

                                        STATE OF TEXAS, Appellee

                                         On Appeal from the 104th District Court

                                                          Taylor County, Texas

                                                Trial Court Cause No. 13674-B2

                                                                   O P I N I O N

This is an appeal from a judgment adjudicating guilt.  We dismiss for want of jurisdiction.

Daniel Vasquez Dominguez originally entered a plea of no contest to the offense of aggravated sexual assault of a child.  Pursuant to the plea bargain agreement, the trial court deferred the adjudication of guilt and placed appellant on community supervision for eight years.  After the hearing on the State=s motion to adjudicate, the trial court found that appellant had violated the terms and conditions of his community supervision, revoked his community supervision, adjudicated his guilt, and sentenced him to confinement for thirty years.

The sentence was imposed in open court on February 10, 2006. A motion for new trial was not filed. Therefore, the notice of appeal was due to be filed on or before March 13, 2006.  Tex. R. App. P. 26.2. Appellant filed his notice of appeal on March 21, 2006, thirty-nine days after the date the sentence was imposed. A motion for extension of time was not filed in the time period specified by Tex. R. App. P. 26.3.

Absent a timely notice of appeal or compliance with Rule 26.3, an appellant fails to invoke the jurisdiction of this court.   Slaton v. State, 981 S.W.2d 208 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519 (Tex. Crim. App. 1996); Rodarte v. State, 860 S.W.2d 108 (Tex. Crim. App. 1993); Shute v. State, 744 S.W.2d 96 (Tex. Crim. App. 1988).  Appellant has failed to comply with the requirements of Rules 26.2 and 26.3.

Therefore, the appeal is dismissed.

PER CURIAM

April 27, 2006

Do not publish.  See Tex. R. App. P. 47.2(b).

Panel consists of:  Wright, C.J., and

McCall, J., and Strange, J.