Unzicker, Rhona Kay v. State

• Court: Court of Appeals of Texas
• Decided: September 12, 2002
• Docket: 14-02-00870-CR
• Status: Published

Opinion

Dismissed and Opinion filed September 12, 2002

Dismissed and Opinion filed September 12, 2002.

In The

Fourteenth Court of Appeals

____________

NO. 14-02-00870-CR

RHONDA KAY UNZICKER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 337th District Court

Harris County, Texas

Trial Court Cause No. 897,658

M E M O R A N D U M  O P I N I O N

After a guilty plea to a charge of possession of a controlled substance, appellant was sentenced to three years deferred adjudication and assessed a $250.00 fine on January 7, 2002.  Appellant=s notice of appeal challenging her guilty plea was not filed until August 8, 2002.

A defendant placed on deferred adjudication community supervision may raise issues relating to the original plea proceeding only in appeals taken when deferred adjudication community supervision is first imposed.  Manual v. State, 994 S.W.2d 658, 661-61 (Tex. Crim. App. 1999).  Pursuant to rule 26, a notice of appeal must be filed within thirty days after sentence has been imposed or suspended when the defendant has not filed a motion for new trial.  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.  See 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.  See id.  Appellant=s notice of appeal was not filed until August 8, 2002, approximately seven months after the trial court entered the order placing appellant on deferred adjudication community supervision. 

Thus, appellant=s notice of appeal is untimely, and the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Opinion filed September 12, 2002.

Panel consists of Justices Yates, Anderson, and Frost.

Do Not Publish ‑ Tex. R. App. P. 47.3(b).