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Davis v. State

Court of Appeals of Texas, Fourteenth District, Houston
Aug 26, 2004
No. 14-04-00763-CR (Tex. App. Aug. 26, 2004)

Opinion

No. 14-04-00763-CR

Memorandum Opinion filed August 26, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 351st District Court, Harris County, Texas, Trial Court Cause No. 990,945. Dismissed.

Panel consists of Justices ANDERSON, HUDSON, and FROST.


MEMORANDUM OPINION


Appellant entered a guilty plea to the offense of burglary with intent to commit theft. In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant on June 25, 2004, to confinement for one year in the State Jail Division of the Texas Department of Criminal Justice. Appellant filed an untimely pro se notice of appeal. Because appellant has no right to appeal, we dismiss. 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). Additionally, the notice of appeal was not timely filed. 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. Appellant's notice of appeal was filed on August 2, 2004. Even considering the notice of appeal filed on the date it was mailed, July 29, 2004, the notice of appeal was not timely filed. Accordingly, we dismiss the appeal.


Summaries of

Davis v. State

Court of Appeals of Texas, Fourteenth District, Houston
Aug 26, 2004
No. 14-04-00763-CR (Tex. App. Aug. 26, 2004)
Case details for

Davis v. State

Case Details

Full title:JAMINICK LEWAYNE DAVIS, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Aug 26, 2004

Citations

No. 14-04-00763-CR (Tex. App. Aug. 26, 2004)