Zarychta, James J. v. State

• Court: Court of Appeals of Texas
• Decided: February 10, 2005
• Docket: 14-05-00092-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed February 10, 2005

Dismissed and Memorandum Opinion filed February 10, 2005.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00092-CR

NO. 14-05-00093-CR

JAMES J. ZARYCHTA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 232nd District Court

Harris County, Texas

Trial Court Cause Nos. 941,0278 & 941,0542

M E M O R A N D U M   O P I N I O N

After pleas of guilty, appellant was convicted of two counts of robbery and sentenced on October 20, 1995, to twenty years= incarceration in the Texas Department of Criminal Justice, Institutional Division on each count.  No timely motions for new trial were filed.  Appellant=s notices of appeal were not filed until January 7, 2005.

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 February 10, 2005.

Panel consists of Justices Yates, Anderson, and Hudson.

Do Not Publish C Tex.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