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Brown v. State

Court of Appeals of Texas, Fourteenth District, Houston
Aug 19, 2004
No. 14-04-00733-CR (Tex. App. Aug. 19, 2004)

Opinion

No. 14-04-00733-CR

Opinion filed August 19, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 179th District Court Harris County, Texas, Trial Court Cause No. 977,366. Dismissed.

Panel consists of Chief Justice HEDGES and Justices FOWLER and SEYMORE.


MEMORANDUM OPINION


Appellant entered a guilty plea to attempted indecency with a child. In accordance with the terms of a plea bargain agreement with the State, on May 5, 2004, the trial court sentenced appellant to confinement for twelve months in the State Jail Division of the Texas Department of Criminal Justice. Appellant filed an untimely pro se notice of appeal on July 26, 2004. We dismiss the appeal for want of jurisdiction. 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 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). Accordingly, the appeal is ordered dismissed.


Summaries of

Brown v. State

Court of Appeals of Texas, Fourteenth District, Houston
Aug 19, 2004
No. 14-04-00733-CR (Tex. App. Aug. 19, 2004)
Case details for

Brown v. State

Case Details

Full title:MARK ANTHONY BROWN, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Aug 19, 2004

Citations

No. 14-04-00733-CR (Tex. App. Aug. 19, 2004)