Gery T. Kobos v. State

• Court: Court of Appeals of Texas
• Decided: December 17, 2009
• Docket: 14-09-00998-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed December 17, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00998-CR

GERY T. KOBOS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Criminal Court at Law No. 5

Harris County, Texas

Trial Court Cause No. 2004 TR 0490499

M E M O R A N D U M   O P I N I O N

            Appellant entered a not guilty plea to failure to provide proof of insurance.  On May 4, 2007, the municipal court found appellant guilty and assessed a fine of $191.00. Appellant appealed the municipal court’s decision to the county court at law.  On October 12, 2009, the County Criminal Court at Law No. 5 affirmed the judgment of the municipal court.  No timely motion for new trial was filed. Appellant’s notice of appeal from the county court’s judgment was not filed until November 20, 2009.

            A defendant’s notice of appeal must be filed within 30 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 that 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 can take no action other than to dismiss the appeal.  Id.

            Accordingly, the appeal is ordered dismissed.

                                                                        PER CURIAM

Panel consists of Justices Yates, Seymore, and Brown.

Do Not Publish—Tex.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