Marcelius Reed v. State

• Court: Court of Appeals of Texas
• Decided: August 8, 2017
• Docket: 14-17-00589-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed August 8, 2017.

In The

Fourteenth Court of Appeals

NO. 14-17-00589-CR

MARCELIUS REED, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 182nd District Court Harris County, Texas Trial Court Cause No. 1442307

MEMORANDUM OPINION

Appellant entered a guilty plea to aggravated robbery. In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant on August 31, 2015, to confinement for thirteen years in the Institutional Division of the Texas Department of Criminal Justice.

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).

A defendant’s notice of appeal must be filed within 30 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 Texas Rule of Appellate Procedure 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 until July 19, 2017. See Tex. R. App. P. 26.2(a)(1).

Accordingly, we dismiss the appeal.

PER CURIAM

Panel consists of Chief Justice Frost and Justices Boyce and Jewell. Do Not Publish — Tex. R. App. P. 47.2(b)