Dwayne Treadwell v. State

• Court: Court of Appeals of Texas
• Decided: January 29, 2009
• Docket: 14-09-00022-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed January 29, 2009

Dismissed and Memorandum Opinion filed January 29, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00022-CR

DWAYNE TREADWELL, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 185th District Court

Harris County, Texas

Trial Court Cause No. 1132232

M E M O R A N D U M   O P I N I O N

Appellant entered a guilty plea, without an agreed recommendation on punishment, to aggravated kidnapping.  On October 10, 2008, the trial court sentenced appellant to confinement for fifty years in the Institutional Division of the Texas Department of Criminal Justice.  No timely motion for new trial was filed.  Appellant=s notice of appeal was not filed until December 24, 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.  Id.  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 Anderson and Seymore.

Do Not Publish C Tex.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