Brian McClelland v. State

Court of Appeals of Texas

Brian McClelland v. State

DecidedApril 14, 2016

Docket14-16-00228-CR

StatusPublished

This text of Brian McClelland v. State (Brian McClelland v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Brian McClelland v. State, (Tex. Ct. App. 2016).

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Opinion

Dismissed and Memorandum Opinion filed April 14, 2016.

In The

Fourteenth Court of Appeals

NO. 14-16-00228-CR

BRIAN MCCLELLAND, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 232nd District Court Harris County, Texas Trial Court Cause No. 1469735

MEMORANDUM OPINION

On September 15, 2015, appellant entered a guilty plea to the offense of harassment of a public servant. In accordance with a plea bargain agreement with the State, the trial court deferred adjudication of appellant’s guilt and placed him on two years’ deferred-adjudication community supervision. On October 12, 2015, the State filed a motion to adjudicate appellant’s guilt on the grounds that he violated the terms of his community supervision. After a plea of not true to the State’s motion, the trial court found at least one of the allegations true and adjudicated appellant’s guilt on January 28, 2016. The trial court assessed punishment at imprisonment for four years. No timely motion for new trial was filed. Appellant’s notice of appeal was not filed until March 7, 2016.1

A defendant’s notice of appeal must be filed within 30 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 that 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

Panel consists of Justices Busby, Donovan, and Wise. Do Not Publish — Tex. R. App. P. 47.2(b).

1 The record reflects that appellant mailed his notice of appeal on March 3, 2016, which is also outside the time required by Rule 26.

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Dismissed and Memorandum Opinion filed April 14, 2016.

In The

Fourteenth Court of Appeals

NO. 14-16-00228-CR

BRIAN MCCLELLAND, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 232nd District Court Harris County, Texas Trial Court Cause No. 1469735

MEMORANDUM OPINION

On September 15, 2015, appellant entered a guilty plea to the offense of harassment of a public servant. In accordance with a plea bargain agreement with the State, the trial court deferred adjudication of appellant’s guilt and placed him on two years’ deferred-adjudication community supervision. On October 12, 2015, the State filed a motion to adjudicate appellant’s guilt on the grounds that he violated the terms of his community supervision. After a plea of not true to the State’s motion, the trial court found at least one of the allegations true and adjudicated appellant’s guilt on January 28, 2016. The trial court assessed punishment at imprisonment for four years. No timely motion for new trial was filed. Appellant’s notice of appeal was not filed until March 7, 2016.1

A defendant’s notice of appeal must be filed within 30 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 that 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

Panel consists of Justices Busby, Donovan, and Wise. Do Not Publish — Tex. R. App. P. 47.2(b).

1 The record reflects that appellant mailed his notice of appeal on March 3, 2016, which is also outside the time required by Rule 26.

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Brian McClelland v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brian-mcclelland-v-state-texapp-2016.

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