Berrevette, Frank Bishara v. State

• Court: Court of Appeals of Texas
• Decided: January 16, 2003
• Docket: 14-02-01083-CR
• Status: Published

Opinion

Dismissed and Opinion filed January 16, 2003

Dismissed and Opinion filed January 16, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-02-01083-CR

FRANK BISHARA BERREVETTE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Cause No. 899,170

M E M O R A N D U M   O P I N I O N

After a guilty plea, appellant received deferred adjudication probation on January 14, 2002.  On May 22, 2002, appellant was adjudicated guilty of the offense of burglary of a habitation and sentenced to five years= confinement 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 September 26, 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 January 16, 2003.

Panel consists of Justices Yates, Anderson, and Frost.

Do Not Publish C Tex.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