Arroyo Wilson David A/ka/ Luis Aviles v. State

• Court: Court of Appeals of Texas
• Decided: April 6, 2006
• Docket: 14-06-00245-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed April 6, 2006

Dismissed and Memorandum Opinion filed April 6, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00245-CR

WILSON DAVID ARROYO a/k/a LUIS AVILES, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Cause No.  1030507

M E M O R A N D U M   O P I N I O N

After a plea of guilty, appellant was convicted of the offense of aggravated robbery and sentenced on June 17, 2005, to fifteen years= imprisonment in the Institutional Division of the Texas Department of Criminal Justice.  An untimely motion for new trial was filed on March 15, 2006.  Appellant=s notice of appeal was filed March 15, 2006.

A defendant=s notice of appeal must be filed within thirty days after sentence is imposed when the defendant has not filed a timely 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.  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.  Id.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed April 6, 2006.

Panel consists of Justices Anderson, Edelman, and Frost.

Do Not Publish C Tex. R. App. P. 47.2(b).