Sauceda, Joseph Emilio v. State

• Court: Court of Appeals of Texas
• Decided: February 27, 2003
• Docket: 14-03-00195-CR
• Status: Published

Opinion

Dismissed and Opinion filed February 27, 2003

Dismissed and Opinion filed February 27, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-00195-CR

JOSEPH EMILIO SAUCEDA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 351st District Court

Harris County, Texas

Trial Court Cause No. 864,732

M E M O R A N D U M   O P I N I O N

After a jury trial, appellant was convicted of the offense of possession of a controlled substance with the intent to manufacture or deliver and sentenced to seven years= confinement in the Texas Department of Criminal Justice--Institutional Division on August 21, 2001.  No motion for new trial was filed.  Appellant=s notice of appeal was not filed until February 4, 2003.

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 Opinion filed February 27, 2003.

Panel consists of Justices Yates, Hudson, and Frost.

Do Not Publish C Tex.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