Gordon, Kenneth Wayne v. State

• Court: Court of Appeals of Texas
• Decided: December 5, 2002
• Docket: 14-02-01205-CR
• Status: Published

Opinion

Dismissed and Opinion filed December 5, 2002

Dismissed and Opinion filed December 5, 2002.

In The

Fourteenth Court of Appeals

____________

NOS. 14-02-01205-CR;

          14-02-01206-CR;

         14-02-01207-CR

KENNETH WAYNE GORDON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 230th District Court

Harris County, Texas

Trial Court Cause Nos. 912,469; 912,468 & 912,467

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 offenses of assault, possession of a firearm, and aggravated assault.  Appellant was sentenced on September 6, 2002, to eight years= incarceration in the Texas Department of Criminal Justice, Institutional Division.  Untimely motions for new trial were filed on November 11, 2002.  Appellant=s notices of appeal were also filed on November 11, 2002.

A defendant=s notice of appeal must be filed within thirty days after sentence is imposed when the defendant has not filed a timely 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.  See 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.  See id.

Accordingly, the appeals are ordered dismissed.

PER CURIAM

Judgment rendered and Opinion filed December 5, 2002.

Panel consists of Justices Edelman, Seymore, and Guzman.

Do Not Publish ‑ Tex. R. App. P. 47.3(b).