Jerry Stephen Bobinger v. State

• Court: Court of Appeals of Texas
• Decided: July 3, 2007
• Docket: 14-07-00478-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed July 3, 2007

Dismissed and Memorandum Opinion filed July 3, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-00478-CR

JERRY STEPHEN BOBINJER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 174th District Court

Harris County, Texas

Trial Court Cause No. 1104423

M E M O R A N D U M   O P I N I O N

Appellant entered a guilty plea to felony driving while intoxicated.  In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant on May 4, 2007, to confinement for eleven years in the Institutional Division of the Texas Department of Criminal Justice.  Appellant filed a pro se notice of appeal.  We dismiss the appeal. 

Appellant=s notice of appeal was not file stamped until June 6, 2007, more than 30 days after sentence was imposed.  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).  Although appellant=s cover letter is dated May 30, 2007, the envelope bears a post mark of June 5, 2007.  To be timely, the notice of appeal must have been deposited in the mail by June 4, 2007.  See Tex. R. App. P. 4.1, 9.2(b) & 26.2.(a).  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.

In addition, the trial court entered a certification of the defendant=s right to appeal in which the court certified that this is a plea bargain case, and the defendant has no right of appeal.  See Tex. R. App. P. 25.2(a)(2).  The trial court=s certification is included in the record on appeal.  See Tex. R. App. P. 25.2(d).  The record supports the trial court=s certification.  See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005).

Accordingly, we dismiss the appeal. 

PER CURIAM

Judgment rendered and Memorandum Opinion filed July 3, 2007.

Panel consists of Chief Justice Hedges and Justices Hudson and Guzman.

Do Not Publish C Tex.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