Francisco, Royce Glen v. State

• Court: Court of Appeals of Texas
• Decided: May 22, 2003
• Docket: 14-03-00568-CR
• Status: Published

Opinion

Dismissed and Opinion filed May 22, 2003

Dismissed and Opinion filed May 22, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-00568-CR

ROYCE GLEN FRANCISCO, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 185th District Court

Harris County, Texas

Trial Court Cause No. 919,552

M E M O R A N D U M   O P I N I O N

After a guilty plea, appellant was convicted of the offense of aggravated robbery and sentenced to confinement in the Institutional Division of the Texas Department of Criminal Justice for six years on March 13, 2003.  No motion for new trial was filed.  Appellant=s notice of appeal was not filed until May 2, 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 May 22, 2003.

Panel consists of Chief Justice Brister and Justices Fowler and Edelman.

Do Not Publish C Tex.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