Jameson, Eric v. State

• Court: Court of Appeals of Texas
• Decided: August 26, 2004
• Docket: 14-04-00688-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed August 26, 2004

Dismissed and Memorandum Opinion filed August 26, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00688-CR

ERIC JAMESON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 278th District Court

Walker County, Texas

Trial Court Cause No. 21,051-C

M E M O R A N D U M   O P I N I O N

After a plea of no contest to murder, on December 17, 2001, appellant was placed on deferred adjudication community service for ten years and assessed a fine of $1,000.  On June 11, 2003, the State moved to adjudicate appellant=s guilt. The trial court found the allegations of the State=s motion true, adjudged appellant guilty, and on November 21, 2003, sentenced appellant to confinement for twenty years in the Institutional Division of the Texas Department of Criminal Justice.  No timely motion for new trial was filed.  Appellant=s pro se notice of appeal was not filed until July 1, 2004.

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 August 26, 2004.

Panel consists of Chief Justice Hedges and Justices Fowler and Seymore.

Do Not Publish C Tex.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