Gifford, Cotton Lyle v. State

• Court: Court of Appeals of Texas
• Decided: December 23, 2004
• Docket: 14-04-01047-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed December 23, 2004

Dismissed and Memorandum Opinion filed December 23, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-01047-CR

COTTON LYLE GIFFORD, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from County Criminal Court at Law No. 9

Harris County, Texas

Trial Court Cause No. 1227213

M E M O R A N D U M   O P I N I O N

After he waived trial by jury, appellant was convicted on September 8, 2004 of the offense of assault and was sentenced 270 days’ confinement in the Harris County Jail.  No timely motion for new trial was filed.  Appellant’s notice of appeal was not filed until October 14, 2004.

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 Memorandum Opinion filed December 23, 2004.

Panel consists of Justices Yates, Edelman, and Guzman.

Do Not Publish — Tex.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