Exparte Jose Luis Servin

• Court: Court of Appeals of Texas
• Decided: November 6, 2003
• Docket: 14-03-01182-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed November 6, 2003

Dismissed and Memorandum Opinion filed November 6, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-01182-CR

EX PARTE JOSE LUIS SERVIN

On Appeal from the 177th District Court

Harris County, Texas

Trial Court Cause No. 903,543

M E M O R A N D U M   O P I N I O N

Appellant, Jose Luis Servin, appeals the denial of habeas corpus relief.  The trial court denied appellant=s application for writ of habeas corpus on June 11, 2003.  Claiming that he failed to receive notice of this denial until September 30, 2003, appellant filed an untimely notice of appeal on October 14, 2003.

Under Texas Rule of Appellate Procedure 26.2(a)(1), a notice of appeal must be filed within 30 days after the trial court enters an appealable order.  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).  The requirements of Rule 26 apply even when an appellant claims to have learned about the denial of habeas relief after expiration of the time to perfect appeal.  See Ex parte Brew, 954 S.W.2d 107, 108 (Tex. App.CSan Antonio 1997, no pet.) (addressing the predecessor to Rule 26).  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.  Slaton, 981 S.W.2d at 210; see Brew, 954 S.W.2d at 108. 

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed November 6, 2003.

Panel consists of Justices Edelman, Frost, and Guzman .

Do Not Publish C Tex.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