Veltran, Margarito v. State

• Court: Court of Appeals of Texas
• Decided: October 9, 2003
• Docket: 14-03-01089-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed October 9, 2003

Dismissed and Memorandum Opinion filed October 9, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-01089-CR

MARGARITO VELTRAN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 184th District Court

Harris County, Texas

Trial Court Cause No. 941,912

M E M O R A N D U M   O P I N I O N

Appellant entered a guilty plea to indecency with a child.  In accordance with the terms of a plea bargain agreement with the State, on July 18, 2003, the trial court sentenced appellant to confinement for two years in the Institutional Division of the Texas Department of Criminal Justice.  Appellant filed a pro se notice of appeal.  Because appellant=s notice of appeal was untimely and he has no right to appeal, we dismiss. 

The trial court entered a certification of the defendant=s right to appeal in which the court certified that this is a plea bargain case, and the defendant has no right of appeal.  See Tex. R. App. P. 25.2(a)(2).  The trial court=s certification is included in the record on appeal.  See Tex. R. App. P. 25.2(d).

Moreover, appellant=s notice of appeal was not filed until September 22, 2003.  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, we dismiss the appeal. 

PER CURIAM

Judgment rendered and Memorandum Opinion filed October 9, 2003.

Panel consists of Chief Justice Brister and Justices Anderson and Seymore.

Do Not Publish C Tex.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