Broussard, Cedric Wendell v. State

• Court: Court of Appeals of Texas
• Decided: February 27, 2003
• Docket: 14-03-00179-CR
• Status: Published

Opinion

Dismissed and Opinion filed February 27, 2003

Dismissed and Opinion filed February 27, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-00179-CR

CEDRIC WENDELL BROUSSARD, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 338th District Court

Harris County, Texas

Trial Court Cause No. 901,006

M E M O R A N D U M   O P I N I O N

After a guilty plea, appellant was convicted of the offense of aggravated robbery and sentenced on October 16, 2002, to 12 years= incarceration in the Texas Department of Criminal Justice, Institutional Division.  No motion for new trial was filed.^[1]  Appellant=s notice of appeal was not filed until February 3, 2003.

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 Opinion filed February 27, 2003.

Panel consists of Justices Anderson, Seymore, and Guzman.

Do Not Publish C Tex.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

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^[1]  On December 12, 2002, appellant filed a motion to reduce sentence.  Even if this motion could be construed as a motion for new trial, and we do not address that issue, the motion was not timely filed.