Diaa Elkhafage v. State

• Court: Court of Appeals of Texas
• Decided: November 9, 2006
• Docket: 14-06-00802-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed November 9, 2006

Dismissed and Memorandum Opinion filed November 9, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00802-CR

DIAA ELKHAFAGE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 263rd District Court

Harris County, Texas

Trial Court Cause No. 1032703

M E M O R A N D U M   O P I N I O N

After a plea of guilty, appellant was convicted of aggravated robbery.  On June 22, 2006, the trial court sentenced appellant to confinement for ten years in the Institutional Division of the Texas Department of Criminal Justice.  No timely motion for new trial was filed.  Appellant=s pro se notice of appeal was not filed until September 5, 2006.^[1]

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, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed November 9, 2006.

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

Do Not Publish C Tex.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

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^[1]  In his notice of appeal, appellant seeks leave to file an out-of-time appeal.  This court may not grant that request, and appellant must seek relief from the Court of Criminal Appeals.