Rodriguez, Henry Anthony v. State

• Court: Court of Appeals of Texas
• Decided: October 3, 2002
• Docket: 14-02-00938-CR
• Status: Published

Opinion

Dismissed and Opinion filed October 3, 2002

Dismissed and Opinion filed October 3, 2002.

In The

Fourteenth Court of Appeals

____________

NO. 14-02-00938-CR

HENRY ANTHONY RODRIGUEZ, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 240th District Court

Fort Bend County, Texas

Trial Court Cause No. 32,811

M E M O R A N D U M  O P I N I O N

After a guilty plea, appellant was convicted on July 11, 2000, of the offense of possession of a controlled substance and sentenced to 10 years= confinement in the Texas Department of Criminal Justice, Institutional Division (TDCJ-ID).  The sentence was suspended and appellant was placed on adult probation for a period of 10 years.  On July 31, 2000, the State moved to revoke probation.  Appellant pled guilty and on October 24, 2000, the trial court  sentenced appellant to 5 years= confinement in TDCJ-ID.  No motion for new trial was filed.  Appellant=s notice of appeal was not filed until August 29, 2002.

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.  See 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.  See id.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Opinion filed October 3, 2002.

Panel consists of Justices Edelman, Seymore, and Guzman.

Do Not Publish ‑ Tex. R. App. P. 47.3(b).