Bailey, Geneva Gayle v. State

• Court: Court of Appeals of Texas
• Decided: July 18, 2002
• Docket: 14-02-00659-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. 14-02-00659-CR

GENEVA GAYLE BAILEY, Appellant

V.

THE STATE OF TEXAS, Appellee

_______________________________________________________

On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Cause No. 850,720

M E M O R A N D U M  O P I N I O N

            Appellant pled guilty to the offense of aggravated robbery and the trial court entered an order on September 21, 2000, deferring adjudication of guilt and placing appellant on  community supervision for ten years.  A fine of $750 was also imposed.  The State filed a motion to adjudicate guilt.  After a hearing, the trial court found appellant guilty and assessed punishment on May 15, 2002, at confinement for five years in the Texas Department of Criminal Justice, Institutional Division and imposed a fine of $750.  Appellant’s notice of appeal was not filed until June 21, 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Do Not Publish - Tex.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).