Cuccia, Wade Kenneth v. State

• Court: Court of Appeals of Texas
• Decided: September 19, 2002
• Docket: 14-02-00932-CR
• Status: Published

Opinion

Dismissed and Opinion filed September 19, 2002

Dismissed and Opinion filed September 19, 2002.

In The

Fourteenth Court of Appeals

____________

NO. 14-02-00932-CR

WADE KENNETH CUCCIA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 230th District Court

Harris County, Texas

Trial Court Cause No. 910,557

M E M O R A N D U M   O P I N I O N

Appellant pled guilty to the offense of aggravated robbery on July 3, 2002.  In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant to seven years= incarceration in the Texas Department of Criminal Justice, Institutional Division.  Because we have no jurisdiction over this appeal, we dismiss.         

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.  See 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.  See id.

Appellant did not file his notice of appeal until August 23, 2002.  Additionally, appellant filed a general notice of appeal that did not comply with the requirements of Rule 25.2(b)(3) of the Texas Rules of Appellate Procedure.  See Tex. R. App. P. 25.2(b)(3).  Rule 25.2(b)(3) provides that when an appeal is from a judgment rendered on a defendant=s plea of guilty or nolo contendere and the punishment assessed does not exceed the punishment recommended by the State and agreed to by the defendant, the notice of appeal must:  (1) specify that the appeal is for a jurisdictional defect; (2) specify that the substance of the appeal was raised by written motion and ruled on before trial; or (3) state that the trial court granted permission to appeal.  Id.  The time for filing a proper notice of appeal has expired; thus appellant may not file an amended notice of appeal to correct jurisdictional defects.  State v. Riewe, 13 S.W.3d 408, 413-14 (Tex. Crim. App. 2000).  Because appellant=s notice of appeal was both untimely and did not comply with the requirements of Rule 25.2(b)(3), we are without jurisdiction to consider any of appellant=s issues.

Accordingly, we dismiss the appeal for want of jurisdiction. 

PER CURIAM

Judgment rendered and Opinion filed September 19, 2002.

Panel consists of Justices Edelman, Seymore, and Guzman.

Do Not Publish C Tex. R. App. P. 47.3(b).