Calvin Dewayne Wilcox v. State
This text of Calvin Dewayne Wilcox v. State (Calvin Dewayne Wilcox 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.
Opinion
Dismissed and Memorandum Opinion filed June 14, 2007.
In The
Fourteenth Court of Appeals
____________
NO. 14-07-00411-CR
NO. 14-07-00412-CR
CALVIN DEWAYNE WILCOX, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 263rd District Court
Harris County, Texas
Trial Court Cause No. 949545 & 949546
M E M O R A N D U M O P I N I O N
Appellant entered guilty pleas to two indictments alleging offenses of aggravated robbery. In accordance with the terms of plea bargain agreements with the State, on February 2, 2004, the trial court sentenced appellant to confinement for thirty years in the Institutional Division of the Texas Department of Criminal Justice.
Appellant filed a pro se notice of appeal for both cases. Because appellant had no right to appeal, the appeals were dismissed on April 1, 2004. See Tex. R. App. P. 25.2(a)(2).
On July 5, 2006, appellant filed a motion to have his sentences reduced. The trial court denied the motion on July 11, 2006. On April 27, 2007, appellant filed a notice of appeal for both cases.
Assuming, without deciding, the trial court=s denial of appellant=s motion is appealable, the notice of appeal is untimely. 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 appeals. Id.
Accordingly, the appeals are ordered dismissed.
PER CURIAM
Judgment rendered and Memorandum Opinion filed June 14, 2007.
Panel consists of Justices Yates, Anderson, and Frost.
Do Not Publish C Tex. R. App. P. 47.2(b).
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