Ronald Dwayne Whitfield v. State

• Court: Court of Appeals of Texas
• Decided: March 3, 2005
• Docket: 14-05-00172-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed March 3, 2005

Dismissed and Memorandum Opinion filed March 3, 2005.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00172-CR

NO. 14-05-00173-CR

RONALD DWAYNE WHITFIELD a/k/a RONALD DWAYNE WHITEFIELD, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 337th District Court

Harris County, Texas

Trial Court Cause Nos. 617,718 & 557,164

M E M O R A N D U M   O P I N I O N

Appellant entered a guilty plea to the offense of burglary of a motor vehicle with intent to commit theft in cause number 557,164. In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant on March 5,1990, to confinement for seven years in the Texas Department of Corrections, now known as the Institutional Division of the Texas Department of Criminal Justice.^[1]  After a jury trial in cause number 617,718, appellant was convicted of the offense of burglary of a building with intent to commit theft, enhanced by two prior felony convictions.  On June 5, 1992, appellant was sentenced to confinement in the Texas Department of Corrections, now known as the Institutional Division of the Texas Department of Criminal Justice, for thirty-five years.  No timely notices of appeals were filed.  Appellant did not file his pro se notice of appeal of these convictions until December 30, 2004.  Our record does not reflect that the Court of Criminal Appeals granted appellant leave to file out-of-time appeals.

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 appeals are ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed March 3, 2005.

Panel consists of Chief Justice Hedges and Justices Fowler and Frost.

Do Not Publish C Tex.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

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^[1]  The judgment in this case names appellant as ARonald Dwayne Whitefield.@