Joseph, Lester Charles v. State

• Court: Court of Appeals of Texas
• Decided: May 16, 2002
• Docket: 14-02-00222-CR
• Status: Published

Opinion

Dismissed and Opinion filed May 16, 2002

Dismissed and Opinion filed May 16, 2002.

In The

Fourteenth Court of Appeals

____________

NO. 14-02-00222-CR

LESTER CHARLES JOSEPH, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 253rd District Court

Chambers County, Texas

Trial Court Cause No. 11416

M E M O R A N D U M  O P I N I O N

After a guilty plea, appellant was convicted of the offense of possession with intent to deliver a controlled substance, namely cocaine, and sentenced to fifteen years confinement in the Texas Department of Criminal Justice--Institutional Division on January 29, 2002.  No motion for new trial was filed.  Appellant=s notice of appeal was not filed until March 8, 2002.

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.  See 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.  See id.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Opinion filed May 16, 2002.

Panel consists of Justices Hudson, Fowler, and Edelman.

Do Not Publish ‑ Tex. R. App. P. 47.3(b).