Markita Mashuna Hamilton v. State

• Court: Court of Appeals of Texas
• Decided: June 18, 2009
• Docket: 14-09-00498-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed June 18, 2009

Dismissed and Memorandum Opinion filed June 18, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00498-CR

MARKITA MASHUNA HAMILTON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 180th District Court

Harris County, Texas

Trial Court Cause No. 1201783

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 March 24, 2009, pursuant to a plea bargain, adjudication of guilt was deferred and appellant was placed on community supervision for two years.  Appellant=s pro se notice of appeal was not filed until June 1, 2009.

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.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Seymore, Brown, and Sullivan.

Do Not Publish C Tex.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