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Hamilton v. State

Court of Appeals of Texas, Fourteenth District, Houston
Jun 18, 2009
No. 14-09-00498-CR (Tex. App. Jun. 18, 2009)

Opinion

No. 14-09-00498-CR

Memorandum Opinion filed June 18, 2009. DO NOT PUBLISH — TEX. R. APP. P. 47.2(b)

On Appeal from the 180th District Court, Harris County, Texas, Trial Court Cause No. 1201783.

Panel consists of Justices SEYMORE, BROWN, and SULLIVAN.


MEMORANDUM OPINION


Appellant pled guilty to the offense of possession of a controlled substance. On March 24, 2009, pursuant to a plea bargain, adjudication of guilt was deferred and appellant was placed on community supervision for two years. Appellant's pro se notice of appeal was not filed until June 1, 2009. 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 that 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

Hamilton v. State

Court of Appeals of Texas, Fourteenth District, Houston
Jun 18, 2009
No. 14-09-00498-CR (Tex. App. Jun. 18, 2009)
Case details for

Hamilton v. State

Case Details

Full title:MARKITA MASHUNA HAMILTON, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Jun 18, 2009

Citations

No. 14-09-00498-CR (Tex. App. Jun. 18, 2009)