Day, Randolph James v. State

• Court: Court of Appeals of Texas
• Decided: June 19, 2003
• Docket: 14-03-00302-CR
• Status: Published

Opinion

Dismissed and Opinion filed June 19, 2003

Dismissed and Opinion filed June 19, 2003.

In The

Fourteenth Court of Appeals

____________

NOS. 14-03-00302-CR;

        14-03-00303-CR

RANDOLPH JAMES DAY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 179th District Court

Harris County, Texas

Trial Court Cause Nos. 930,889 & 930,890

M E M O R A N D U M   O P I N I O N

Appellant entered a guilty plea to the two counts of aggravated sexual assault of a child on December 19, 2002.  In accordance with the terms of a plea bargain agreements with the State, the trial court sentenced appellant on December 19, 2002, to 10 years= incarceration in the Texas Department of Criminal Justice, Institutional Division.  No motions for new trial were filed.  Appellant filed an untimely pro se notice of appeal in both causes on February 25, 2003. 

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, we dismiss the appeals. 

PER CURIAM

Judgment rendered and Opinion filed June 19, 2003.

Panel consists of Justices Anderson, Seymore, and Guzman.

Do Not Publish C Tex.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