Steven Allen Gomez v. State

• Court: Court of Appeals of Texas
• Decided: August 27, 2013
• Docket: 14-13-00720-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed August 27, 2013.

In The

Fourteenth Court of Appeals

NO. 14-13-00720-CR

STEVEN ALLEN GOMEZ, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 56th District Court Galveston County, Texas Trial Court Cause No. 02CR2058

MEMORANDUM OPINION

This is an attempted appeal from a judgment nunc pro tunc signed April 29, 2013. No motion for new trial was filed. Appellant’s notice of appeal was not filed until June 7, 2013.

A defendant’s notice of appeal must be filed within thirty days after an appealable order is entered when the defendant has not filed a motion for new trial. See Tex. R. App. P. 26.2(a)(1). Although we may grant an extension of time to file a notice of appeal, it must be filed in the trial court within fifteen days after the deadline for filing the notice of appeal and, within that same fifteen-day period, the party must file an extension motion in the appellate court. See Tex. R. App. P. 26.3(a), (b). Otherwise, we do not have authority to grant an extension of time to file the notice of appeal. See Olivo v. State, 918 S.W.2d 519, 522-4 (Tex.Crim.App. 1996). The notice of appeal was filed within the fifteen-day period, but no extension of time to file the notice of appeal was filed.

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

Panel consists of Justices Frost, Boyce, and Jamison. Do Not Publish — Tex. R. App. P. 47.2(b).