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Cerritos v. State

State of Texas in the Fourteenth Court of Appeals
Feb 6, 2014
NO. 14-13-01031-CR (Tex. App. Feb. 6, 2014)

Opinion

NO. 14-13-01031-CR

02-06-2014

FREDYS ALBERTO CERRITOS, Appellant v. THE STATE OF TEXAS, Appellee


Dismissed and Memorandum Opinion filed February 6, 2014.

On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Cause No. 1243158


MEMORANDUM OPINION

After a plea of guilty, appellant was convicted of the offense of possession with intent to deliver cocaine and sentenced to fifteen years in prison on April 14, 2010. No timely motion for new trial was filed. Appellant's notice of appeal was not filed until November 5, 2013.

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.

On January 7, 2014, this court issued an order explaining that the court would consider dismissal of the appeal on its own motion for want of jurisdiction because the record before this court contains no appealable order other than the 2010 conviction. On January 29, 2014, appellant filed a response in which he urged the court not to dismiss the case because he pleaded guilty without an agreed punishment recommendation. Appellant's response fails to demonstrate that an appealable order exists from which a November 5, 2013, notice of appeal would be timely.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices McCally, Busby, and Donovan. Do Not Publish — Tex. R. App. P. 47.2(b).


Summaries of

Cerritos v. State

State of Texas in the Fourteenth Court of Appeals
Feb 6, 2014
NO. 14-13-01031-CR (Tex. App. Feb. 6, 2014)
Case details for

Cerritos v. State

Case Details

Full title:FREDYS ALBERTO CERRITOS, Appellant v. THE STATE OF TEXAS, Appellee

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Feb 6, 2014

Citations

NO. 14-13-01031-CR (Tex. App. Feb. 6, 2014)