Yontavia Kamitrice Bartie v. State

• Court: Court of Appeals of Texas
• Decided: December 28, 2006
• Docket: 14-06-01094-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed December 28, 2006

Dismissed and Memorandum Opinion filed December 28, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-01094-CR

YONTAVIA KAMITRICE BARTIE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 174th District Court

Harris County, Texas

Trial Court Cause No. 1029156

M E M O R A N D U M   O P I N I O N

Appellant entered a guilty plea to the offense of possession of a controlled substance.  In accordance with the terms of a plea bargain agreement with the State, the trial court issued on order on June 9, 2005, deferring adjudication of guilt, placing appellant on five years= community supervision, and assessing a $500 fine.  No motion for new trial was filed.  Appellant=s notice of appeal was not filed until November 16, 2006.

A defendant=s notice of appeal must be filed within thirty days after the sentence is imposed, or other appealable order is signed, 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.

There is an alternative basis for dismissing this appeal.  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).  The record supports the trial court=s certification.  See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005).

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed December 28, 2006.

Panel consists of Justices Yates, Anderson, and Hudson.

Do Not Publish C Tex.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