Ernest Lee Tillman v. State

• Court: Court of Appeals of Texas
• Decided: September 29, 2005
• Docket: 14-05-00958-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed September 29, 2005

Dismissed and Memorandum Opinion filed September 29, 2005.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00958-CR

ERNEST LEE TILLMAN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 177th District Court

Harris County, Texas

Trial Court Cause No. 897,528

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 the offense of aggravated robbery. On November 20, 2002, appellant was sentenced to confinement for thirty years in the Institutional Division of the Texas Department of Criminal Justice.  Appellant filed a pro se notice of Aout-of-time@ appeal on August 19, 2005.  The record filed with this court does not contain an order from the Court of Criminal Appeals granting appellant the right to an Aout-of-time@ appeal. 

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 September 29, 2005.

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

Do Not Publish C Tex.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