Kennedy, Joseph AKA Adeyinka Adediran v. State

• Court: Court of Appeals of Texas
• Decided: February 19, 2004
• Docket: 14-04-00060-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed February 19, 2004

Dismissed and Memorandum Opinion filed February 19, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00060-CR

JOSEPH KENNEDY AKA ADEYINKA ADEDIRAN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 230th District Court

Harris County, Texas

Trial Court Cause No. 929,100

M E M O R A N D U M   O P I N I O N

After a plea of guilty, appellant was convicted of the offense of engaging in organized crime and sentenced to six months= confinement in a state jail.  No timely motion for new trial was filed.  Appellant=s notice of appeal was not filed until January 16, 2004.

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

Judgment rendered and Memorandum Opinion filed February 19, 2004.

Panel consists of Justices Yates, Anderson, and Hudson.

Do Not Publish C Tex.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