From Casetext: Smarter Legal Research

Correa v. State

Court of Appeals of Texas, Fourteenth District, Houston
Aug 5, 2010
No. 14-10-00635-CR (Tex. App. Aug. 5, 2010)

Opinion

No. 14-10-00635-CR

Opinion filed August 5, 2010. DO NOT PUBLISH — Tex. R. App. P. 47.2(b).

On Appeal from the 263rd District Court, Harris County, Texas, Trial Court Cause No. 1201744.

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


MEMORANDUM OPINION


After a jury trial commenced, appellant entered a plea of guilty, without an agreed recommendation on punishment, to theft of between $100,000 and $200,000. On February 8, 2010, the trial court sentenced appellant to confinement for ten years in the Institutional Division of the Texas Department of Criminal Justice. No motion for new trial was filed. Appellant's notice of appeal was not filed until July 12, 2010. 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. Accordingly, the appeal is ordered dismissed.


Summaries of

Correa v. State

Court of Appeals of Texas, Fourteenth District, Houston
Aug 5, 2010
No. 14-10-00635-CR (Tex. App. Aug. 5, 2010)
Case details for

Correa v. State

Case Details

Full title:CARLOS LOZANO CORREA, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Aug 5, 2010

Citations

No. 14-10-00635-CR (Tex. App. Aug. 5, 2010)