Blue, Benjamin Leon v. State

• Court: Court of Appeals of Texas
• Decided: August 26, 2004
• Docket: 14-04-00752-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed August 26, 2004

Dismissed and Memorandum Opinion filed August 26, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00752-CR

BENJAMIN LEON BLUE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 263rd District Court

Harris County, Texas

Trial Court Cause No. 921,393

M E M O R A N D U M   O P I N I O N

After a jury trial, appellant was convicted of the offense of evading arrest with a motor vehicle and sentenced on June 16, 2003, to 25 years= incarceration in the Texas Department of Criminal Justice, Institutional Division.  No timely motion for new trial was filed.  Appellant=s notice of appeal was not filed until July 15, 2004.

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.  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 August 26, 2004.

Panel consists of Justices Anderson, Hudson, and Frost.

Do Not Publish C Tex.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