Berry, Regina Venee v. State

• Court: Court of Appeals of Texas
• Decided: July 24, 2003
• Docket: 14-03-00739-CR
• Status: Published

Opinion

Dismissed and Opinion filed July 24, 2003

Dismissed and Opinion filed July 24, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-00739-CR

REGINA VENEE BERRY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 184th District Court

Harris County, Texas

Trial Court Cause No. 869,822

M E M O R A N D U M   O P I N I O N

After a guilty plea to the felony offense of insurance fraud, appellant was placed on five years deferred adjudication probation on August 27, 2001.  On March 7, 2003, the trial court signed an order amending the terms of appellant=s community supervision.  Appellant=s notice of appeal was not filed until June 12, 2003.

A defendant=s notice of appeal must be filed within thirty days after the trial court enters an appealable order.  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.

Appellant=s notice of appeal was filed more than thirty days after either of the orders entered by the trial court.  Therefore, we are without jurisdiction to consider this appeal.  Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Opinion filed July 24, 2003.

Panel consists of Chief Justice Brister and Justices Fowler and Edelman.

Do Not Publish C Tex.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