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Castillo v. State

State of Texas in the Fourteenth Court of Appeals
Oct 13, 2015
NO. 14-15-00808-CR (Tex. App. Oct. 13, 2015)

Opinion

NO. 14-15-00808-CR

10-13-2015

GEORGE CASTILLO, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 179th District Court Harris County, Texas
Trial Court Cause No. 1436257

MEMORANDUM OPINION

After a plea of guilty, appellant was convicted of the offense of assault of a family member and sentenced to 30 days in the Harris County Jail on December 11, 2014. No timely motion for new trial was filed. Appellant's notice of appeal was not filed until August 31, 2015.

A defendant's notice of appeal must be filed within 30 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 Panel consists of Justices Jamison, McCally, and Wise.
Do Not Publish — Tex. R. App. P. 47.2(b).


Summaries of

Castillo v. State

State of Texas in the Fourteenth Court of Appeals
Oct 13, 2015
NO. 14-15-00808-CR (Tex. App. Oct. 13, 2015)
Case details for

Castillo v. State

Case Details

Full title:GEORGE CASTILLO, Appellant v. THE STATE OF TEXAS, Appellee

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Oct 13, 2015

Citations

NO. 14-15-00808-CR (Tex. App. Oct. 13, 2015)