Lesso, Jose Erasmo v. State

• Court: Court of Appeals of Texas
• Decided: March 4, 2004
• Docket: 14-04-00116-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed March 4, 2004

Dismissed and Memorandum Opinion filed March 4, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00115-CR

NO. 14-04-00116-CR

JOSE ERASMO LESSO, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 179th District Court

Harris County, Texas

Trial Court Cause Nos. 947,622 & 947,850

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 two offenses of aggravated robbery.  On December 29, 2003, the trial court sentenced appellant to confinement for thirteen years in the Institutional Division of the Texas Department of Criminal Justice and assessed a fine of $10,000 in each case.  No timely motions for new trial were filed.  Appellant=s pro se notice of appeal was not filed until February 2, 2004.^[1]

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, and it can take no action other than to dismiss the appeal.  Id.

Accordingly, the appeals are ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed March 4, 2004.

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

Do Not Publish C Tex.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

---

^[1]  The record indicates appellant mailed the notice on January 29, 2004, one day after its due date.