Fitch, James Howard v. State

• Court: Court of Appeals of Texas
• Decided: September 11, 2003
• Docket: 14-03-00915-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed September 11, 2003

Dismissed and Memorandum Opinion filed September 11, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-00915-CR

JAMES HOWARD FITCH, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 176th District Court

Harris County, Texas

Trial Court Cause No. 930419

M E M O R A N D U M   O P I N I O N

After a jury trial, appellant was convicted of the offense of aggravated assault with a deadly weapon and sentenced to five years in the Institutional Division of the Texas Department of Criminal Justice on July 2, 2003.  No timely motion for new trial was filed.  Appellant=s notice of appeal was not filed until August 8, 2003.

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 Opinion filed September 11, 2003.

Panel consists of Justices Edelman, Frost, and Guzman.

Do Not Publish C Tex.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