Odis M. Roberts v. State

Court of Appeals of Texas

Odis M. Roberts v. State

DecidedSeptember 25, 2008

Docket14-08-00822-CR

StatusPublished

This text of Odis M. Roberts v. State (Odis M. Roberts 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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Odis M. Roberts v. State, (Tex. Ct. App. 2008).

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Dismissed and Memorandum Opinion filed September 25, 2008

Dismissed and Memorandum Opinion filed September 25, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00822-CR

ODIS M. ROBERTS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Cause No. 1163117

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

Appellant entered a Aguilty@ plea to assault. In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant on May 9, 2008, to confinement for eight years in the Institutional Division of the Texas Department of Criminal Justice. No timely motion for new trial was filed. Appellant=s pro se notice of appeal was not filed until August 21, 2008. We dismiss the 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 that 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.

Moreover, 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). The record supports the trial court=s certification. See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005).

Accordingly, we dismiss the appeal.

PER CURIAM

Judgment rendered and Memorandum Opinion filed September 25, 2008.

Panel consists of Chief Justice Hedges, Justices Anderson and Frost.

Do Not Publish C Tex.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

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Dismissed and Memorandum Opinion filed September 25, 2008

Dismissed and Memorandum Opinion filed September 25, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00822-CR

ODIS M. ROBERTS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Cause No. 1163117

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

Appellant entered a Aguilty@ plea to assault. In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant on May 9, 2008, to confinement for eight years in the Institutional Division of the Texas Department of Criminal Justice. No timely motion for new trial was filed. Appellant=s pro se notice of appeal was not filed until August 21, 2008. We dismiss the 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 that 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.

Moreover, 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). The record supports the trial court=s certification. See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005).

Accordingly, we dismiss the appeal.

PER CURIAM

Judgment rendered and Memorandum Opinion filed September 25, 2008.

Panel consists of Chief Justice Hedges, Justices Anderson and Frost.

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

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