Germichael Wardell Jackson v. State

• Court: Court of Appeals of Texas
• Decided: October 7, 2010
• Docket: 14-10-00907-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed October 7, 2010.

In The

Fourteenth Court of Appeals

____________

NO. 14-10-00907-CR

GERMICHAEL WARDELL JACKSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 248th District Court

Harris County, Texas

Trial Court Cause No. 1270350

MEMORANDUM  OPINION

Appellant entered a plea of guilty to felon in possession of a weapon.  In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant on July 15, 2010, to confinement for seven years in the Institutional Division of the Texas Department of Criminal Justice.  No motion for new trial was filed.  Appellant’s notice of appeal was not filed until September 20, 2010.

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

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

Do Not Publish — Tex.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