Lori Humes Rice v. State

• Court: Court of Appeals of Texas
• Decided: October 13, 2005
• Docket: 14-05-01025-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed October 13, 2005

Dismissed and Memorandum Opinion filed October 13, 2005.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-01025-CR

LORI HUMES RICE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 209th District Court

Harris County, Texas

Trial Court Cause No. 1009456

M E M O R A N D U M   O P I N I O N

Appellant pled guilty to the offense of possession of a controlled substance.  On February 15, 2005, the trial court issued an order deferring adjudication of guilt and placing appellant on community supervision for 2 years.  The trial court also assessed a fine of $500. On March 29, 2005, the State moved to adjudicate appellant=s guilt.  The motion was dismissed on June 3, 2005, but the conditions of community supervision were amended.  On  September 28, 2005, appellant filed a notice of appeal.

A defendant=s notice of appeal must be filed within thirty days after sentence is imposed or after the day the trial court enters an appealable order.  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.

Appellant=s notice of appeal was not filed within thirty days after the trial court=s order deferring adjudication was signed.  Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed October 13, 2005.

Panel consists of Justices Hudson, Frost, and Seymore.

Do Not Publish C Tex.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