Matthews, Shane Jermaine v. State

• Court: Court of Appeals of Texas
• Decided: June 12, 2003
• Docket: 14-03-00617-CR
• Status: Published

Opinion

Dismissed and Opinion filed June 12, 2003

Dismissed and Opinion filed June 12, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-00617-CR

SHANE JERMAINE MATTHEWS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 405th District Court

Galveston County, Texas

Trial Court Cause No. 02CR1159

M E M O R A N D U M   O P I N I O N

After a jury trial, appellant was convicted of the offense of aggravated assault with a deadly weapon and sentenced on March 14, 2003, to five years= incarceration in the Texas Department of Criminal Justice, Institutional Division.  Appellant=s notice of appeal was not filed until April 17, 2003.

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 appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Opinion filed June 12, 2003.

Panel consists of Justices Anderson, Seymore, and Guzman.

Do Not Publish C Tex.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