Carlos Lozano Correa v. State

• Court: Court of Appeals of Texas
• Decided: August 5, 2010
• Docket: 14-10-00635-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed August 5, 2010.

In The

Fourteenth Court of Appeals

____________

NO. 14-10-00635-CR

CARLOS LOZANO CORREA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 263rd District Court

Harris County, Texas

Trial Court Cause No. 1201744

MEMORANDUM  OPINION

After a jury trial commenced, appellant entered a plea of guilty, without an agreed recommendation on punishment, to theft of between $100,000 and $200,000.  On February 8, 2010, the trial court sentenced appellant to confinement for ten years in the Institutional Division of the Texas Department of Criminal Justice.  No motion for new trial was filed.  Appellant’s notice of appeal was not filed until July 12, 2010.

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

Panel consists of Chief Justice Hedges and Justices Yates and Boyce.

Do Not Publish — Tex.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