Hassan Ali Petouhesh v. State

• Court: Court of Appeals of Texas
• Decided: July 13, 2006
• Docket: 14-06-00591-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed July 13, 2006

Dismissed and Memorandum Opinion filed July 13, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00591-CR

HASSAN ALI PETOUHESH, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from County Criminal Court at Law No. 4

Harris County, Texas

Trial Court Cause No. 1060281

M E M O R A N D U M   O P I N I O N

After a jury trial, appellant was convicted of the offense of driving while intoxicated  and sentenced to 90 days in the Harris County Jail on November 2, 2001. No timely motion for new trial was filed.  Appellant=s notice of appeal was not filed until June 22, 2006.

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 July 13, 2006.

Panel consists of Justices Hudson, Fowler, and Seymore.

Do Not Publish C Tex.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