Russell Jay Ward v. State

• Court: Court of Appeals of Texas
• Decided: October 25, 2007
• Docket: 14-07-00843-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed October 25, 2007

Dismissed and Memorandum Opinion filed October 25, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-00843-CR

RUSSELL JAY WARD, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 337th District Court

Harris County, Texas

Trial Court Cause No. 1054380

M E M O R A N D U M   O P I N I O N

Appellant pled guilty without an agreed recommendation as to punishment to the offense of assault.  The trial judge deferred adjudication of guilt and placed appellant on community supervision for six years.  The State filed a motion to adjudicate guilt.  After a hearing, the trial court found appellant guilty and on August 17, 2007, sentenced appellant to confinement for ten years in the Institutional Division of the Texas Department of Criminal Justice.  No timely motion for new trial was filed.  Appellant=s notice of appeal was not filed until October 1, 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 that 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 October 25, 2007.

Panel consists of Chief Justice Hedges, Justices Yates and Frost.

Do Not Publish C Tex.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