Dearmon Jerrell Lacour v. State

• Court: Court of Appeals of Texas
• Decided: September 15, 2011
• Docket: 14-11-00771-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed September 13, 2011.

In The

Fourteenth Court of Appeals

____________

NO. 14-11-00771-CR

DEARMON JERRELL LACOUR, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 230th District Court

Harris County, Texas

Trial Court Cause No. 1303334

MEMORANDUM OPINION

Appellant entered a guilty plea to possession of a controlled substance.  In accordance with the terms of a plea agreement with the State, on June 30, 2011, the trial court deferred adjudicating guilt and placed appellant on community supervision for four years.  No motion for new trial was filed.  Appellant’s notice of appeal was not filed until August 29, 2011.

In a plea-bargain case for deferred adjudication community supervision, the plea bargain is complete at the time the defendant enters his plea of guilty in exchange for deferred adjudication community supervision.  Hargesheimer v. State, 182 S.W.3d 906 (Tex. Crim. App. 2006).  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).

Moreover, 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.

For these reasons, the appeal is ordered dismissed.

PER CURIAM

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

Do Not Publish — Tex.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