Hassan Ali Pejouhesh v. State

• Court: Court of Appeals of Texas
• Decided: November 2, 2006
• Docket: 14-06-00941-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed November 2, 2006

Dismissed and Memorandum Opinion filed November 2, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00941-CR

HASSAN ALI PEJOUHESH, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Criminal Court at Law No. 8

Harris County, Texas

Trial Court Cause No. 1246031

M E M O R A N D U M   O P I N I O N

Appellant entered a guilty plea to the offense of driving while intoxicated.  In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant on July 9, 2004, to confinement for 45 days in the Harris County Jail.  Appellant filed a pro se notice of appeal on October 12, 2006.  We dismiss the appeal. 

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.

Additionally, appellant has no right of appeal.  The trial court entered a certification of the defendant=s right to appeal in which the court certified that this is a plea bargain case, and the defendant has no right of appeal.  See Tex. R. App. P. 25.2(a)(2).  The trial court=s certification is included in the record on appeal.  See Tex. R. App. P. 25.2(d).  The record supports the trial court=s certification.  See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005).

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed November 2, 2006.

Panel consists of Justices Anderson, Hudson, and Guzman.

Do Not Publish C Tex.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