Jeremy Henderson v. State

• Court: Court of Appeals of Texas
• Decided: July 21, 2005
• Docket: 14-05-00615-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed July 21, 2005

Dismissed and Memorandum Opinion filed July 21, 2005.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00615-CR

JEREMY HENDERSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 180th District Court

Harris County, Texas

Trial Court Cause No. 980,825

M E M O R A N D U M   O P I N I O N

Originally placed on deferred adjudication community supervision for aggravated assault, the trial court adjudicated appellant=s guilt on September 20, 2004.  Appellant filed his notice of appeal on June 10, 2005.  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.

Additionally, this court has previously addressed appellant=s appeal from adjudication of guilt.  See Henderson v. State, No. 14-04-00948-CR (Tex. App.CHouston [14th Dist.] Feb. 3, 2005, no pet.) (not designated for publication).

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed July 21, 2005.

Panel consists of Justices Edelman, Seymore, and Guzman.

Do Not Publish C Tex.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