Jockquail Pierre McCall v. State

• Court: Court of Appeals of Texas
• Decided: September 4, 2014
• Docket: 14-14-00671-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed September 4, 2014.

In The

Fourteenth Court of Appeals

NO. 14-14-00671-CR

JOCKQUAIL PIERRE MCCALL, Appellant

V. THE STATE OF TEXAS, Appellee

On Appeal from the 230th District Court Harris County, Texas Trial Court Cause No. 1364931

MEMORANDUM OPINION

Appellant entered a guilty plea to aggravated assault. In accordance with the terms of a plea bargain agreement with the State, the trial court deferred adjudication of guilt and placed appellant on community supervision for four years. The State subsequently filed a motion to adjudicate guilt. Appellant entered a plea of true to the State’s motion, and, in accordance with the terms of a plea bargain with the State, the trial court sentenced appellant to confinement for twelve 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 guilt was adjudicated on April 29, 2014, but the notice of appeal was not filed until August 7, 2014. 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. Under those circumstances it can take no action other than to dismiss the appeal. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998).

Accordingly, we dismiss the appeal.

PER CURIAM

Panel consists of Chief Justice Frost and Justices Christopher and Busby. Do Not Publish — Tex. R. App. P. 47.2(b)