Shepherd, Anthony Ray v. State

• Court: Court of Appeals of Texas
• Decided: September 11, 2003
• Docket: 14-03-00922-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed September 11, 2003

Dismissed and Memorandum Opinion filed September 11, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-00922-CR

ANTHONY RAY SHEPHERD, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 185th District Court

Harris County, Texas

Trial Court Cause No. 937,254

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 aggravated robbery.  On June 18, 2003, appellant was sentenced to confinement for forty years in the Institutional Division of the Texas Department of Criminal Justice.  No timely motion for new trial was filed.  Appellant=s pro se notice of appeal was not filed until August 15, 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.

Moreover, 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).

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed September 11, 2003.

Panel consists of Chief Justice Brister and Justices Anderson and Seymore.

Do Not Publish C Tex.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