Charles Lee John Lewis v. State

• Court: Court of Appeals of Texas
• Decided: August 16, 2011
• Docket: 14-11-00629-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed August 16, 2011.

In The

Fourteenth Court of Appeals

____________

NO. 14-11-00629-CR

CHARLES LEE JOHNLEWIS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 185th District Court

Harris County, Texas

Trial Court Cause No. 989533

MEMORANDUM OPINION

After a guilty plea, appellant was convicted of the offense of possession of marijuana and sentenced to three years’ confinement in the Institutional Division of the Texas Department of Criminal Justice on June 1, 2011.  No timely motion for new trial was filed.  Appellant’s notice of appeal was post marked July 7, 2011 and file marked on July 13, 2011.

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 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 Anderson, Brown, and Christopher.

Do Not Publish — Tex.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