Rodney D. Thomas v. State

Opinion

Dismissed and Memorandum Opinion filed February 10, 2011.

In The

Fourteenth Court of Appeals

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NO. 14-11-00071-CR

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RODNEY D. THOMAS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 179th District Court

Harris County, Texas

Trial Court Cause No. 1061841

MEMORANDUM OPINION

After a plea of guilty, appellant was convicted of the offense of intoxication manslaughter and sentenced to 15 years in prison on January 9, 2007.  Appellant’s pro se notice of appeal was not filed until January 21, 2011.

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

Panel consists of Justices Brown, Boyce, and Jamison.

Do Not Publish — Tex.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