Crenshaw Jr., John Marcus v. State

• Court: Court of Appeals of Texas
• Decided: February 3, 2005
• Docket: 14-05-00082-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed February 3, 2005

Dismissed and Memorandum Opinion filed February 3, 2005.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00082-CR

JOHN MARCUS CRENSHAW, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 230th District Court

Harris County, Texas

Trial Court Cause No. 994,682

M E M O R A N D U M   O P I N I O N

After a plea of guilty, appellant was convicted of burglary of a habitation and sentenced to confinement for two years in the Institutional Division of the Texas Department of Criminal Justice on November 17, 2004.  No timely motion for new trial was filed.  Appellant=s notice of appeal was not filed until December 30, 2004.^[1]

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 Memorandum Opinion filed February 3, 2005.

Panel consists of Chief Justice Hedges and Justices Fowler and Frost.

Do Not Publish C Tex.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

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^[1]  The clerk=s record reveals that appellant=s notice of appeal was mailed on December 29, 2004.  Thus, appellant may not invoke the mailing rule to render his appeal timely.  See Tex. R. App. P. 9.2(b).