Twyman, Johnny L. v. State

• Court: Court of Appeals of Texas
• Decided: May 27, 2004
• Docket: 14-04-00448-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed May 27, 2004

Dismissed and Memorandum Opinion filed May 27, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00447-CR

NO. 14-04-00448-CR

NO. 14-04-00449-CR

NO. 14-04-00450-CR

JOHHNY L. TWYMAN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 337thth District Court

Harris County, Texas

Trial Court Cause Nos. 820,994; 824,381; 828,148; and 828,149 

M E M O R A N D U M   O P I N I O N

After pleas of guilty in cause numbers 820,994 (possession of cocaine weighing more than one but less than four grams), 824,381 (possession of cocaine weighing more than one but less than four grams), and 828,148 (delivery of cocaine weighing more than one but less than four grams), appellant was convicted of the offenses and sentenced to six years= imprisonment  on November 17, 1999.  As part of a plea bargain, the charge in cause number 828,14900450-CR was dismissed.  No motions for new trial were filed.  Appellant=s notice of appeal in all four cases was not filed until April 14, 2004.

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 appeals are ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed May 27, 2004.

Panel consists of Justices Yates, Anderson, and Hudson.

Do Not Publish C Tex.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