Jerardo Gonzalez v. State

• Court: Court of Appeals of Texas
• Decided: May 6, 2010
• Docket: 14-10-00353-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed May 6, 2010.

In The

Fourteenth Court of Appeals

____________

NO. 14-10-00353-CR

JERARDO GONZALEZ, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 412th District Court

Brazoria County, Texas

Trial Court Cause No. 59,463

MEMORANDUM OPINION

After a plea of guilty, appellant was convicted of the offense of possession of a controlled substance with intent to deliver and sentenced to six and a half years in prison on October 14, 2009.  No timely motion for new trial was filed.  Appellant’s notice of appeal was not filed until April 12, 2010.

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

Panel consists of Justices Anderson, Frost, and Seymore.

Do Not Publish — Tex.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