Andrade, Salvador Antonio v. State

• Court: Court of Appeals of Texas
• Decided: July 18, 2002
• Docket: 14-02-00599-CR
• Status: Published

Opinion

Dismissed and Opinion filed July 18, 2002

Dismissed and Opinion filed July 18, 2002.

In The

Fourteenth Court of Appeals

____________

NO. 14-02-00599-CR

SALVADORE ANTONIO ANDRADE, Appellant

V.

THE STATE OF TEXAS, Appellee

_______________________________________________________

On Appeal from the 208th District Court

Harris County, Texas

Trial Court Cause No. 881,323

M E M O R A N D U M  O P I N I O N

            After a guilty plea to the offense of aggravated assault, appellant was placed on deferred adjudication community supervision for 5 years.  A fine of $500 was also imposed.  The State moved to adjudicate guilt.  On March 25, 2002, appellant was adjudicated guilty of the offense of aggravated assault and was sentenced to four years’ incarceration in the Texas Department of Criminal Justice, Institutional Division.  No motion for new trial was filed.  Appellant’s notice of appeal was not filed until June 6, 2002.

            A defendant’s notice of appeal must be filed within thirty days after sentence is imposed when the defendant has not filed a motion for new trial.  See Tex. R. App. P.

26.2(a)(1).  A notice of appeal which complies with the requirements of Rule 26 is essential to vest the court of appeals with jurisdiction.  See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998).  If an appeal is not timely perfected, a court of appeals does not obtain jurisdiction to address the merits of the appeal.  Under those circumstances it can take no action other than to dismiss the appeal.  See id.

            Accordingly, the appeal is ordered dismissed.

                                                                        PER CURIAM

Judgment rendered and Opinion filed July 18, 2002.

Panel consists of Justices Yates, Seymore, and Guzman.

Do Not Publish - Tex. R. App. P. 47.3(b).