Paul III Delgado v. the State of Texas
CourtTexas Court of Appeals, 1st District (Houston)
Date FiledJune 25, 2026
Docket01-26-00404-CR
StatusPublished
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Full Opinion
Opinion issued June 25, 2026
In The
Court of Appeals
For The
First District of Texas
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NO. 01-26-00404-CR
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PAUL DELGADO, III, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 338th District Court
Harris County, Texas
Trial Court Case No. 1835655
MEMORANDUM OPINION
Appellant, proceeding pro se, has filed a notice of appeal challenging the order
of deferred adjudication signed on January 24, 2024. The trial court signed a
certification of defendantβs right to appeal indicating that this was a plea-bargain
case with no right to appeal. Appellant filed a notice of appeal on April 10, 2026.
We dismiss this appeal for lack of jurisdiction.
An order of deferred adjudication is an appealable order. See Hargesheimer
v. State, 182 S.W.3d 906, 909 (Tex. Crim. App. 2006). In a criminal case, the notice
of appeal is due within thirty days of the date either the judgment of conviction is
signed or the date the appealable order was signed. See TEX. R. APP. P. 26.2(a)(1).
A timely filed notice of appeal is required to vest jurisdiction in the appellate court.
See Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996).
Here, the notice of appeal was filed more than two years after the order of
deferred adjudication was signed. Thus, the notice of appeal was not timely filed.
Because the notice of appeal was not timely filed in this case, we lack jurisdiction to
address the merits of the appeal and can take no action other than to dismiss. See
Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998).
Moreover, appellant has no right to appeal under Rule 25.2(a)(2). The Court
of Criminal Appeals has held that, although an order deferring adjudication is
appealable, it is subject to the same restrictions on appeal as judgments of conviction
and thus, in this case, the appellant also lacked a right to appeal because the deferred
adjudication order was the result of a plea bargain with the State. See Hargesheimer,
182 S.W.3d at 909. The certification of Delgadoβs right to appeal indicates that this
is a plea-bargain case and he lacks the right to appeal.
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We dismiss the appeal for lack of jurisdiction. See Slaton, 981 S.W.2d at 210.
Any pending motions are dismissed as moot.
PER CURIAM
Panel consists of Justices Guerra, Gunn, and Morgan.
Do not publish. TEX. R. APP. P. 47.2(b).
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