Daniel Wright v. State

• Court: Court of Appeals of Texas
• Decided: October 2, 2008
• Docket: 14-08-00878-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed October 2, 2008

Dismissed and Memorandum Opinion filed October 2, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00878-CR

DANIEL WRIGHT, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 262nd District Court

 Harris County, Texas

Trial Court Cause No. 1163600

M E M O R A N D U M   O P I N I O N

Appellant entered a Aguilty@ plea to driving while intoxicated.  In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant on July 31, 2008, to confinement for ten years in the Institutional Division of the Texas Department of Criminal Justice, suspended for ten years, and assessed a fine of $500.  No timely motion for new trial was filed.  Appellant=s pro se notice of appeal was not filed until September 19, 2008.

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.

Moreover, the trial court entered a certification of the defendant=s right to appeal in which the court certified that this is a plea bargain case, and the defendant has no right of appeal.  See Tex. R. App. P. 25.2(a)(2).  The trial court=s certification is included in the record on appeal.  See Tex. R. App. P. 25.2(d).  The record supports the trial court=s certification.  See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005).

For these reasons, the appeal is ordered dismissed. 

PER CURIAM

Judgment rendered and Memorandum Opinion filed October 2, 2008.

Panel consists of Chief Justice Hedges, Justices Anderson and Frost.

Do Not Publish C Tex.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