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Flores v. State

Court of Appeals of Texas, Fourteenth District, Houston
Dec 4, 2003
No. 14-03-00873-CR (Tex. App. Dec. 4, 2003)

Opinion

No. 14-03-00873-CR

Opinion Filed December 4, 2003. DO NOT PUBLISH. TEX.R.APP.P. 47.2(b).

Appeal from the 337th District Court Harris County, Texas, Trial Court Cause No. 894,638.

Panel consists of Acting Chief Justice EVA M. GUZMAN and Justices EDELMAN and FROST.


MEMORANDUM OPINION


After a plea of guilty, appellant was convicted on February 7, 2003, of the offense of possession of more than 400 grams of cocaine with intent to deliver and sentenced to sixty years' confinement. No motion for new trial was filed. Appellant's notice of appeal was not filed until July 31, 2003. 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

Flores v. State

Court of Appeals of Texas, Fourteenth District, Houston
Dec 4, 2003
No. 14-03-00873-CR (Tex. App. Dec. 4, 2003)
Case details for

Flores v. State

Case Details

Full title:JOSE DELORES FLORES Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Dec 4, 2003

Citations

No. 14-03-00873-CR (Tex. App. Dec. 4, 2003)