Massey, Johnathon C. v. State

• Court: Court of Appeals of Texas
• Decided: June 27, 2002
• Docket: 14-02-00487-CR
• Status: Published

Opinion

Dismissed and Opinion filed June 27, 2002

Dismissed and Opinion filed June 27, 2002.

In The

Fourteenth Court of Appeals

____________

NO. 14-02-00487-CR

JOHNATHON C. MASSEY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 337th District Court

Harris County, Texas

Trial Court Cause No. 94-25064

M E M O R A N D U M  O P I N I O N

After a guilty plea, appellant was convicted of the offense of aggravated sexual assault of a child and sentenced to confinement in the Institutional Division of the Texas Department of Criminal Justice for thirty years on February 9, 1995.  No motion for new trial was filed.

On April 18, 2002, appellant filed a motion with the trial court seeking the appointment of counsel for an out-of-time appeal.  The trial court denied the motion.  The Harris County District Clerk=s office assigned the appeal to this Court.  This Court lacks jurisdiction to consider appellant=s appeal.

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.  See 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.  See id.

If appellant=s April 18, 2002, pleading is construed as an application for a post-conviction writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure, this Court is also without jurisdiction to review the application.  After a final conviction in a felony case, a writ of habeas corpus must be made returnable to the Court of Criminal Appeals.  Tex. Code Crim. Proc. Ann. Art. 11.07 ' 3.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Opinion filed June 27, 2002.

Panel consists of Chief Justice Brister and Justices Anderson and Frost.

Do Not Publish ‑ Tex. R. App. P. 47.3(b).