Robert Andrew Willhelm v. State

• Court: Court of Appeals of Texas
• Decided: January 17, 2013
• Docket: 14-12-01040-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion and Concurring Memorandum Opinion filed January 17, 2013.

In The

Fourteenth Court of Appeals

NO. 14-12-01040-CR

ROBERT ANDREW WILLHELM, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 212th District Court Galveston County, Texas Trial Court Cause No. 36,362

CONCURRING MEMORANDUM OPINION I respectfully decline to join the majority opinion but I concur in the court’s judgment.

Appellant was convicted and sentenced on September 8, 1980. He did not file a notice of appeal until more than twenty-two years later. A defendant’s notice of appeal must be filed within thirty days after sentence is imposed when, as in this case, the defendant has not filed a motion for new trial. See Tex. R. App. P. 26.2(a)(1). A notice of appeal that is filed in compliance with the requirements of Texas Rule of Appellate Procedure 26 is essential to vest this court with jurisdiction. See Blanton v. State, 369 S.W.3d 894, 902 (Tex. Crim. App. 2012); Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam). In a case such as this in which an appeal is not timely perfected, this court has no appellate jurisdiction and can take no action other than to dismiss the appeal. Slaton, 981 S.W.2d at 210. Accordingly, because this court lacks appellate jurisdiction, the appeal is properly dismissed.

/s/ Kem Thompson Frost Justice

Panel consists of Justices Frost, Christopher, and Jamison. (Christopher, J., majority)

Do Not Publish — Tex.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