Herrera, Edgar Alexander v. State

• Court: Court of Appeals of Texas
• Decided: February 26, 2004
• Docket: 14-04-00117-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed February 26, 2004

Dismissed and Memorandum Opinion filed February 26, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00117-CR

EDGAR ALEXANDER HERRERA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Cause No. 423,135

M E M O R A N D U M   O P I N I O N

After a plea of guilty on July 16, 1985, appellant was convicted of the offense of driving while intoxicated and sentenced to five years probation and a $600 fine.  On May 17, 1988, appellant=s probation was revoked and he was sentenced to two years in the Texas Department of Criminal JusticeBInstitutional Division.  On December 22, 2003, appellant filed a request for the transcript of the hearings in the 1985 conviction.  The district clerk denied appellant=s request on December 30, 2003.  On February 5, 2004, appellant filed a notice of appeal challenging the district clerk=s denial of his request.

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.  The district clerk=s denial of appellant=s request for a transcript is not an appealable order.  With no appealable order, we have no jurisdiction.  See Tex. R. App. P. 25.2.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed February 26, 2004.

Panel consists of Justices Yates, Anderson, and Hudson.

Do Not Publish C Tex.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