James Anthony Carlisle v. State

• Court: Court of Appeals of Texas
• Decided: February 7, 2008
• Docket: 14-07-01073-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed February 7, 2008

Dismissed and Memorandum Opinion filed February 7, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-01073-CR

JAMES ANTHONY CARLISLE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 248th District Court

Harris County, Texas

Trial Court Cause No. 947054

M E M O R A N D U M   O P I N I O N

After appellant pled guilty, the trial court entered an order on September 17, 2003, deferring adjudication of guilt for the offense of indecency with a child.  The State subsequently moved to adjudicate.  Appellant pled true to the State=s stipulation of evidence and signed a waiver of the right to appeal in connection with this plea.  On October 19, 2007, appellant was adjudicated guilty of the offense of indecency with a child and was sentenced to eight years= confinement in the Texas Department of Criminal Justice, Institutional Division.  No timely motion for new trial was filed.  Appellant=s notice of appeal was not filed until December 7, 2007.

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 that 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 February 7, 2008.

Panel consists of Justices Yates, Guzman, and Brown.

Do Not Publish C Tex.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