Sheila Kay Lowery v. State

• Court: Court of Appeals of Texas
• Decided: May 10, 2007
• Docket: 14-07-00373-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed May 10, 2007

Dismissed and Memorandum Opinion filed May 10, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-00373-CR

SHEILA KAY LOWERY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 339th District Court

Harris County, Texas

Trial Court Cause No. 1083778

M E M O R A N D U M   O P I N I O N

After a plea of guilty, appellant was convicted of the offense of burglary of a habitation with intent to commit assault and sentenced to confinement for two years in the Institutional Division of the Texas Department of Criminal Justice on January 30, 2007.  No timely motion for new trial was filed.  Appellant=s notice of appeal was not filed until May 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 timely 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.

In addition, the trial court entered a certification of the defendant=s right to appeal in which the court certified that this is a plea bargain case, and the defendant has no right of appeal.  See Tex. R. App. P. 25.2(a)(2).  The trial court=s certification is included in the record on appeal.  See Tex. R. App. P. 25.2(d).  The record supports the trial court=s certification.  See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005).

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed May 10, 2007.

Panel consists of Chief Justice Hedges and Justices Hudson and Guzman.

Do Not Publish C Tex.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