Mathews, Damien Meker v. State

• Court: Court of Appeals of Texas
• Decided: January 9, 2003
• Docket: 14-02-01229-CR
• Status: Published

Opinion

Dismissed and Opinion filed January 9, 2003

Dismissed and Opinion filed January 9, 2003.

In The

Fourteenth Court of Appeals

____________

NOS. 14-02-01229-CR and

   14-02-01302-CR

DAMIEN MEKER MATHEWS, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 400th District Court

Fort Bend County, Texas

Trial Court Cause Nos. 29,225 & 34,223

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M E M O R A N D U M   O P I N I O N

            In trial court cause number 29,225, appellant pled guilty to possession of a controlled substance and received four years of deferred adjudication probation.  On January 17, 2001, the State moved for adjudication of guilt.  After pleading true to the State’s motion to adjudicate guilt, appellant was adjudicated guilty of the offense of possession of a controlled substance and sentenced on October 11, 2002, to 24 months in Texas Department of Criminal Justice, State Jail Division.  No motion for new trial was filed.  Appellant’s notice of appeal was not filed until November 19, 2002.

            In trial court cause number 34,223, appellant pled guilty to the offense of possession of a controlled substance and was sentenced on October 11, 2002, to four years’ incarceration in the Texas Department of Criminal Justice, Institutional Division.  No motion for new trial was filed.  Appellant’s notice of appeal was not filed until November 19, 2002.

            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.  Under those circumstances it can take no action other than to dismiss the appeal.  Id.

            Accordingly, the appeals are ordered dismissed.

                                                                        PER CURIAM

Judgment rendered and Opinion filed January 9, 2003.

Panel consists of Justices Edelman, Seymore, and Guzman.

Do Not Publish — Tex.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