Mims, Donald Eugene v. State

• Court: Court of Appeals of Texas
• Decided: December 4, 2003
• Docket: 14-03-01278-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed December 4, 2003

Dismissed and Memorandum Opinion filed December 4, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-01278-CR

DONALD EUGENE MIMS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 21st District Court

Burleson County, Texas

Trial Court Cause No. 11,970

M E M O R A N D U M   O P I N I O N

After a plea of guilty, appellant was convicted of the offense of obstruction or retaliation on June 28, 1999.  Appellant=s notice of appeal was not filed until November 4, 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 Memorandum Opinion filed December 4, 2003.

Panel consists of Acting Chief Justice Eva M. Guzman and Justices Edelman and Frost.

Do Not Publish C Tex.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