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Sepeda v. State

Court of Appeals of Texas, Fourteenth District, Houston
Sep 15, 2005
Nos. 14-05-00934-CR, 14-05-00935-CR (Tex. App. Sep. 15, 2005)

Opinion

Nos. 14-05-00934-CR, 14-05-00935-CR

Memorandum Opinion filed September 15, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 179th District Court, Harris County, Texas, Trial Court Cause Nos. 949,911 951,674. Dismissed.

Panel consists of Chief Justice HEDGES and Justices YATES and ANDERSON.


MEMORANDUM OPINION


Appellant entered guilty pleas to two charges of theft from a person. In accordance with the terms of plea bargain agreements with the State, the trial court sentenced appellant on May 6, 2004, to confinement for eight years in the Institutional Division of the Texas Department of Criminal Justice. Appellant filed a pro se notice of appeal in both cases on August 18, 2005. Because we lack jurisdiction and appellant has no right to appeal, we dismiss. 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. In addition, the trial court entered a certification of the defendant's right to appeal in each case in which the court certified that each 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 certifications are included in the records on appeal. See TEX. R. APP. P. 25.2(d). Accordingly, we dismiss the appeals.


Summaries of

Sepeda v. State

Court of Appeals of Texas, Fourteenth District, Houston
Sep 15, 2005
Nos. 14-05-00934-CR, 14-05-00935-CR (Tex. App. Sep. 15, 2005)
Case details for

Sepeda v. State

Case Details

Full title:JOSEPH SEPEDA, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Sep 15, 2005

Citations

Nos. 14-05-00934-CR, 14-05-00935-CR (Tex. App. Sep. 15, 2005)