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Gallagher v. State

Court of Appeals of Texas, Fourteenth District, Houston
Aug 20, 2009
No. 14-09-00648-CR (Tex. App. Aug. 20, 2009)

Opinion

No. 14-09-00648-CR

Opinion filed August 20, 2009. DO NOT PUBLISH — TEX. R. APP. P. 47.2(b).

On Appeal from the 351st District Court, Harris County, Texas, Trial Court Cause No. 1161102.

Panel consists of Justices ANDERSON, GUZMAN, and BOYCE.


MEMORANDUM OPINION


Appellant entered a plea of guilty to injury to the elderly. In accordance with the terms of a plea bargain agreement with the State, the trial court deferred an adjudication of guilt and placed appellant on community supervision for two years. Subsequently, the State moved to adjudicate guilt. Appellant pled true to the motion to adjudicate and was sentenced on June 12, 2009, to confinement for five years in the Texas Department of Criminal Justice, Institutional Division. No timely motion for new trial was filed. Appellant-s notice of appeal was not filed until July 16, 2009. 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 that 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.


Summaries of

Gallagher v. State

Court of Appeals of Texas, Fourteenth District, Houston
Aug 20, 2009
No. 14-09-00648-CR (Tex. App. Aug. 20, 2009)
Case details for

Gallagher v. State

Case Details

Full title:DAVID JOHN GALLAGHER, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Aug 20, 2009

Citations

No. 14-09-00648-CR (Tex. App. Aug. 20, 2009)