Curry, Tony Canandus v. State

Court of Appeals of Texas

Curry, Tony Canandus v. State

DecidedAugust 12, 2004

Docket14-04-00690-CR

StatusPublished

This text of Curry, Tony Canandus v. State (Curry, Tony Canandus 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.

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Curry, Tony Canandus v. State, (Tex. Ct. App. 2004).

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Dismissed and Memorandum Opinion filed August 12, 2004

Dismissed and Memorandum Opinion filed August 12, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00690-CR

TONY CANANDUS CURRY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 400th District Court

Fort Bend County, Texas

Trial Court Cause No. 38,417

M E M O R A N D U M O P I N I O N

After a guilty plea to aggravated robbery and a jury trial on punishment, appellant was convicted and sentenced to twenty-five years= confinement on March 24, 2004.^{^[1]} The next day, his trial counsel filed a motion to withdraw, which the trial court granted on April 6, 2004.^{^[2]} Appellant filed a pro se request for appellate counsel, file stamped on April 28, 2004. The clerk=s record also contains an undated request from appellant, APlease give me a lawyer soon.@ Therefore, appellant was not represented by counsel when a motion for new trial or a notice of appeal was due. Appointed appellate counsel filed a notice of appeal on July 6, 2004.

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.; see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (explaining that article 11.07 of the Texas Code of Criminal Procedure governs out-of time appeals).

Because the notice of appeal was untimely, we lack jurisdiction to entertain the appeal. Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed August 12, 2004.

Panel consists of Justices Yates, Edelman, and Guzman.

Do Not Publish C Tex.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

^{^[1]} The judgment was not file stamped until April 15, 2004, which appellant=s counsel suggests is the Aformal@ date of sentencing. However, for purposes of the notice of appeal, this Court considers Athe day sentence is imposed in open court.@ The trial court imposed the sentence in open court on March 24, 2004.

^{^[2]} The handwritten date is either April 1 or April 6, 2004. The order is file stamped April 15, 2004.

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Dismissed and Memorandum Opinion filed August 12, 2004

Dismissed and Memorandum Opinion filed August 12, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00690-CR

TONY CANANDUS CURRY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 400th District Court

Fort Bend County, Texas

Trial Court Cause No. 38,417

M E M O R A N D U M O P I N I O N

After a guilty plea to aggravated robbery and a jury trial on punishment, appellant was convicted and sentenced to twenty-five years= confinement on March 24, 2004.^{^[1]} The next day, his trial counsel filed a motion to withdraw, which the trial court granted on April 6, 2004.^{^[2]} Appellant filed a pro se request for appellate counsel, file stamped on April 28, 2004. The clerk=s record also contains an undated request from appellant, APlease give me a lawyer soon.@ Therefore, appellant was not represented by counsel when a motion for new trial or a notice of appeal was due. Appointed appellate counsel filed a notice of appeal on July 6, 2004.

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.; see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (explaining that article 11.07 of the Texas Code of Criminal Procedure governs out-of time appeals).

Because the notice of appeal was untimely, we lack jurisdiction to entertain the appeal. Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed August 12, 2004.

Panel consists of Justices Yates, Edelman, and Guzman.

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

^{^[1]} The judgment was not file stamped until April 15, 2004, which appellant=s counsel suggests is the Aformal@ date of sentencing. However, for purposes of the notice of appeal, this Court considers Athe day sentence is imposed in open court.@ The trial court imposed the sentence in open court on March 24, 2004.

^{^[2]} The handwritten date is either April 1 or April 6, 2004. The order is file stamped April 15, 2004.

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