Leonard Watkins v. State

• Court: Court of Appeals of Texas
• Decided: May 14, 2009
• Docket: 14-09-00406-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed May 14, 2009

Dismissed and Memorandum Opinion filed May 14, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00406-CR

LEONARD WATKINS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 248th District Court

Harris County, Texas

Trial Court Cause No. 1137430

M E M O R A N D U M   O P I N I O N

Appellant entered a guilty plea to escape. In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant on March 7, 2008, to confinement for six months in the State Jail Division of the Texas Department of Criminal Justice.  No timely motion for new trial was filed.  Appellant=s notice of appeal was not filed until April 21, 2009, more than one year after sentencing.

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 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.  Because appellant=s notice of appeal is untimely, we lack jurisdiction over the appeal.

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

Panel consists of Chief Justice Hedges and Justices Yates and Frost.

Do Not Publish C Tex.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