Tory Stevens v. State

Opinion

Dismissed and Memorandum Opinion filed January 23, 2014.

In The

Fourteenth Court of Appeals

NO. 14-13-01116-CR

TORY STEVENS, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 182nd District Court Harris County, Texas Trial Court Cause No. 1362526

MEMORANDUM OPINION

Appellant entered a “guilty” plea to possession of a controlled substance. In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant on September 28, 2012, to confinement for 180 days in the Harris County Jail. No motion for new trial was filed. Appellant’s notice of appeal was not filed until December 9, 2013. 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

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 Do Not Publish — Tex.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