Moss, DaShonda Lyn v. State

Court of Appeals of Texas

Moss, DaShonda Lyn v. State

DecidedJuly 15, 2004

Docket14-04-00634-CR

StatusPublished

This text of Moss, DaShonda Lyn v. State (Moss, DaShonda Lyn v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Moss, DaShonda Lyn v. State, (Tex. Ct. App. 2004).

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Dismissed and Memorandum Opinion filed July 15, 2004

Dismissed and Memorandum Opinion filed July 15, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00634-CR

DASHONDA LYN MOSS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Cause No. 969,616

M E M O R A N D U M O P I N I O N

Appellant entered a guilty plea to aggravated robbery. In accordance with the terms of a plea bargain agreement with the State, on March 25, 2004, the trial court sentenced appellant to confinement for ten years in the Institutional Division of the Texas Department of Criminal Justice. No motion for new trial was filed. Appellant filed an untimely pro se notice of appeal on June 17, 2004. We dismiss for want of jurisdiction.

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.

In addition, the trial court entered a certification of the defendant=s right to appeal in which the court certified that this is a plea bargain case, and the defendant has no right of appeal. See Tex. R. App. P. 25.2(a)(2). The trial court=s certification is included in the record on appeal. See Tex. R. App. P. 25.2(d).

Accordingly, we dismiss the appeal.

PER CURIAM

Judgment rendered and Memorandum Opinion filed July 15, 2004.

Panel consists of Chief Justice Hedges and Justices Frost and Guzman.

Do Not Publish C Tex.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

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Dismissed and Memorandum Opinion filed July 15, 2004

Dismissed and Memorandum Opinion filed July 15, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00634-CR

DASHONDA LYN MOSS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Cause No. 969,616

M E M O R A N D U M O P I N I O N

Appellant entered a guilty plea to aggravated robbery. In accordance with the terms of a plea bargain agreement with the State, on March 25, 2004, the trial court sentenced appellant to confinement for ten years in the Institutional Division of the Texas Department of Criminal Justice. No motion for new trial was filed. Appellant filed an untimely pro se notice of appeal on June 17, 2004. We dismiss for want of jurisdiction.

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.

In addition, the trial court entered a certification of the defendant=s right to appeal in which the court certified that this is a plea bargain case, and the defendant has no right of appeal. See Tex. R. App. P. 25.2(a)(2). The trial court=s certification is included in the record on appeal. See Tex. R. App. P. 25.2(d).

Accordingly, we dismiss the appeal.

PER CURIAM

Judgment rendered and Memorandum Opinion filed July 15, 2004.

Panel consists of Chief Justice Hedges and Justices Frost and Guzman.

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

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