Donald Allen Shaffett v. State

• Court: Court of Appeals of Texas
• Decided: July 23, 2009
• Docket: 14-08-00907-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed July 23, 2009

Dismissed and Memorandum Opinion filed July 23, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-08-00907-CR

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DONALD ALLEN SHAFFETT, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Criminal Court at Law No. 4

Harris County, Texas

Trial Court Cause No. 1515183

M E M O R A N D U M   O P I N I O N

Appellant entered a guilty plea  to driving while intoxicated.  On August 1 200, the trial court sentenced appellant to confinement for three days in the Harris County Jail pursuant to an agreement with the State.  No timely motion for new trial was filed.  Appellant=s 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.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

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

Do Not Publish C Tex.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