LeBlanc, Michael Keith v. State

• Court: Court of Appeals of Texas
• Decided: June 20, 2002
• Docket: 14-02-00287-CR
• Status: Published

Opinion

Dismissed and Opinion filed June 20, 2002

Dismissed and Opinion filed June 20, 2002.

In The

Fourteenth Court of Appeals

____________

NO. 14-02-00287-CR

MICHAEL KEITH LEBLANC, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Court

Chambers County, Texas

Trial Court Cause No. 20272-01

M E M O R A N D U M  O P I N I O N

After a guilty plea, appellant was convicted on December 5, 2001, of the offense of driving while intoxicated and sentenced to incarceration in the Chambers County Jail for 180 days and a fine of $500, with the sentence probated for one year.  No motion for new trial was filed.  Appellant=s notice of appeal was not filed until January 7, 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 June 20, 2002.

Panel consists of Justices Yates, Seymore, and Guzman.

Do Not Publish ‑ Tex.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