Description: Ja’coby Jerome Aclese appeals a judgment of conviction for multiple offenses:
Indecency with a Child, Aggravated Sexual Assault of a Child, and Sexual Assault of a
Child. See TEX. PENAL CODE ANN. §§ 21.11; 22.021; 22.011 (West 20xx). The information
we have been provided by the trial court clerk indicates the judgment was rendered on
November 27, 2017. Aclese was required to file his notice of appeal within 30 days after
the day the trial court rendered the order. His notice of appeal filed on January 2, 2018 is therefore untimely. See id. We have no jurisdiction of an untimely appeal, and this appeal must be dismissed. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (no appellate jurisdiction where notice of appeal is untimely).
Further, because the trial court’s certificate of right of appeal that Aclese signed indicates
that Aclese waived his right to appeal, this appeal must be dismissed. See TEX. R. APP. P.
25.2(d) (“The appeal must be dismissed if a certification that shows the defendant has the
right of appeal has not been made part of the record under these rules.”); Monreal v. State,
99 S.W.3d 615, 622 (Tex. Crim. App. 2003) (waiver of appeal).
Notwithstanding that we are dismissing this appeal, Aclese may file a motion for
rehearing with this Court within 15 days after this opinion and judgment are rendered if
Aclese believes this opinion and judgment are erroneously based on inaccurate
information or documents. See TEX. R. APP. P. 49.1. Moreover, if Aclese desires to have
the opinion and judgment of this Court reviewed by filing a petition for discretionary
review, that petition must be filed with the Court of Criminal Appeals within 30 days
after either the day this Court’s judgment is rendered or the day the last timely motion
for rehearing is overruled by this Court
Outcome: For the reasons stated, this appeal is dismissed.