Williams, Melvin Wayne v. State

• Court: Court of Appeals of Texas
• Decided: March 4, 2004
• Docket: 14-04-00138-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed March 4, 2004

Dismissed and Memorandum Opinion filed March 4, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00138-CR

MELVIN WAYNE WILLIAMS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 21st District Court

Burleson County, Texas

Trial Court Cause No. 12,373

M E M O R A N D U M   O P I N I O N

After a plea of guilty to the offense of sexual assault, appellant was placed on deferred adjudication probation on March 8, 2002.  The State moved to revoke probation and adjudicate the deferred sentence.  After signing a judicial confession, a stipulation of evidence, and a plea bargain, appellant was adjudicated guilty of the offense of sexual assault and was sentenced on August 18, 2003, to nine years= incarceration in the Texas Department of Criminal Justice, Institutional Division.  Appellant was also assessed a fine of $2,500.00. No timely motion for new trial was filed.  Appellant=s notice of appeal was not filed until January 16, 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 appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed March 4, 2004.

Panel consists of Justices Fowler, Edelman, and Seymore.

Do Not Publish C Tex.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