Javier Alejandro Losoya v. State

• Court: Court of Appeals of Texas
• Decided: June 13, 2013
• Docket: 14-13-00473-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed June 13, 2013.

In The

Fourteenth Court of Appeals

NO. 14-13-00473-CR

JAVIER ALEJANDRO LOSOYA, Appellant

V. THE STATE OF TEXAS, Appellee

On Appeal from the 174th District Court Harris County, Texas Trial Court Cause No. 1155961

MEMORANDUM OPINION

After a plea of guilty, the trial court deferred adjudication of guilt and assessed five years’ deferred adjudication probation on May 1, 2008. Appellant’s notice of appeal was not filed until May 13, 2013.

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). If an appeal is not timely perfected, a court of appeals does not obtain jurisdiction to address the merits of the appeal. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). Under those circumstances it can take no action other than to dismiss the appeal. Id.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Boyce, Jamison, and Busby. Do Not Publish — Tex. R. App. P. 47.2(b).