LeFlore, Victor Omar v. State

• Court: Court of Appeals of Texas
• Decided: May 20, 2004
• Docket: 14-04-00446-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed May 20, 2004

Dismissed and Memorandum Opinion filed May 20, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00446-CR

VICTOR OMAR LEFLORE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 230th District Court

Harris County, Texas

Trial Court Cause No. 829,481

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 on April 17, 2000, of the offense of delivery of in the amount of less than 200 grams.  Appellant was sentenced on April 17, 2000, to 25 years= incarceration.  No timely motion for new trial was filed.  Appellant=s notice of appeal was not filed until March 29, 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 May 20, 2004.

Panel consists of Justices Fowler, Edelman, and Seymore.

Do Not Publish C Tex.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