Rodney Castro v. State

• Court: Court of Appeals of Texas
• Decided: May 3, 2007
• Docket: 14-07-00074-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed May 3, 2007

Dismissed and Memorandum Opinion filed May 3, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-00074-CR

RODNEY CASTRO, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 228th District Court

Harris County, Texas

Trial Court Cause No. 1013114

M E M O R A N D U M   O P I N I O N

After a plea of guilty, the trial court entered an order on January 3, 2006, deferring adjudication of guilt and placing appellant on community supervision for three years.  The State subsequently moved to adjudicate, and on November 30, 2006, the trial court adjudicated appellant guilty of the offense of possession of a controlled substance and sentenced appellant to three years in the Institutional Division of the Texas Department of Criminal Justice.  The clerk=s record indicates that no motion for new trial was filed.  Appellant=s notice of appeal was not filed until January 9, 2007.

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 May 3, 2007.

Panel consists of Justices Yates, Edelman, and Seymore.

Do Not Publish C Tex.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