Leatrice Lashae Hill v. State

• Court: Court of Appeals of Texas
• Decided: January 10, 2008
• Docket: 14-07-01054-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed January 10, 2008

Dismissed and Memorandum Opinion filed January 10, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-01054-CR

LEATRICE LASHAE HILL, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 230th District Court

Harris County, Texas

Trial Court Cause No. 1062594

M E M O R A N D U M   O P I N I O N

Appellant entered a guilty plea to delivery of less that one gram of cocaine.  In accordance with the terms of a plea bargain agreement with the State, the trial court deferred a finding of guilt and placed appellant on community supervision for two years and assessed a $500 fine on June 15, 2006.  The conditions of appellant=s community supervision were amended on March 20, 2007, and on October 25, 2007.  Appellant=s notice of appeal was not filed until December 10, 2007.  We dismiss the appeal.

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 or within 30 days after the trial court signs an appealable order.  See Tex. R. App. P. 26.2(a)(1).  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, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed January 10, 2008.

Panel consists of Chief Justice Hedges and Justices Anderson and Seymore.

Do Not Publish C Tex.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