Gonzalez Jr., Jesus v. State

• Court: Court of Appeals of Texas
• Decided: May 5, 2005
• Docket: 14-05-00375-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed May 5, 2005

Dismissed and Memorandum Opinion filed May 5, 2005.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00375-CR

JESUS GONZALEZ, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 263rd District Court

Harris County, Texas

Trial Court Cause No. 944,652

M E M O R A N D U M   O P I N I O N

After a plea of guilty, appellant was adjudicated guilty of the offense of assault and sentenced to four years= imprisonment on January 14, 2005.  No timely motion for new trial was filed.  Appellant=s notice of appeal was not filed until April 4, 2005.

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 May 5, 2005.

Panel consists of Justices Edelman, Seymore, and Guzman.

Do Not Publish C Tex.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