Thomas Edward McDowell v. State

• Court: Court of Appeals of Texas
• Decided: February 26, 2009
• Docket: 14-09-00147-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed February 26, 2009

Dismissed and Memorandum Opinion filed February 26, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00147-CR

THOMAS EDWARD MCDOWELL, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Cause No. 572310

M E M O R A N D U M   O P I N I O N

Appellant pled guilty to the offense of possession of a controlled substance and was placed on deferred adjudication probation for two years.  The State subsequently filed a motion to adjudicate guilt.  On August 3, 1992, the trial court adjudicated appellant guilty of the offense of possession of a controlled substance and sentenced appellant to fourteen years= confinement in the Texas Department of Criminal Justice, Institutional Division.  No timely motion for new trial was filed.  Appellant=s notice of appeal was not filed until January 29, 2009.

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

Panel consists of Justices Yates, Guzman, and Sullivan.

Do Not Publish C Tex.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