Damian David Auguste v. State

• Court: Court of Appeals of Texas
• Decided: March 9, 2006
• Docket: 14-06-00130-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed March 9, 2006

Dismissed and Memorandum Opinion filed March 9, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00130-CR

DAMIAN DAVID AUGUSTE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 338th District Court

Harris County, Texas

Trial Court Cause No. 1025138

M E M O R A N D U M   O P I N I O N

After a plea of guilty without an agreed recommendation as to punishment, appellant was convicted of the offense of aggravated sexual assault of a child.  On October 18, 2005, appellant was sentenced to confinement for twenty years in the Institutional Division of the Texas Department of Criminal Justice.  Appellant filed a timely motion for new trial.  Appellant=s notice of appeal was not filed until February 9, 2006.

A defendant=s notice of appeal must be filed within ninety days after sentence is imposed when the defendant has filed a motion for new trial.  See Tex. R. App. P. 26.2(a)(2).  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 March 9, 2006.

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

Do Not Publish C Tex.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