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Rega v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Dec 23, 2014
NO. 03-14-00730-CR (Tex. App. Dec. 23, 2014)

Opinion

NO. 03-14-00730-CR

12-23-2014

Thomas Rosario Rega, Appellant v. The State of Texas, Appellee


FROM THE DISTRICT COURT OF BELL COUNTY, 426TH JUDICIAL DISTRICT NO. 72,070, THE HONORABLE FANCY H. JEZEK, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant Thomas Rosario Rega seeks to appeal from a judgment of conviction for aggravated robbery. See Tex. Penal Code § 29.03.

Rule 26.2 of the Texas Rules of Appellate Procedure provides that an appeal is perfected in a criminal case when notice of appeal is filed within 30 days after the day sentence is imposed or suspended in open court unless a motion for new trial is timely filed. Tex. R. App. P. 26.2(a)(1). Compliance with Rule 26—the timely filing of a notice of appeal—is essential to vest this Court with jurisdiction. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).

In this case, the trial court imposed sentence on March 25, 2014. There was no motion for new trial filed. The deadline for perfecting appeal was therefore April 24, 2014. See Tex. R. App. P. 26.2(a)(1). Appellant filed his notice of appeal on November 14, 2014. Thus, appellant's notice of appeal, filed 234 days after sentence was imposed, is untimely.

Absent a timely filed notice of appeal, we do not obtain jurisdiction to address the merits of the appeal in a criminal case and can take no action other than to dismiss the appeal for want of jurisdiction. See Slaton, 981 S.W.2d at 210. Accordingly, the appeal is dismissed.

/s/_________

Melissa Goodwin, Justice
Before Chief Justice Jones, Justices Rose and Goodwin Dismissed for Want of Jurisdiction Filed: December 23, 2014 Do Not Publish


Summaries of

Rega v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Dec 23, 2014
NO. 03-14-00730-CR (Tex. App. Dec. 23, 2014)
Case details for

Rega v. State

Case Details

Full title:Thomas Rosario Rega, Appellant v. The State of Texas, Appellee

Court:TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: Dec 23, 2014

Citations

NO. 03-14-00730-CR (Tex. App. Dec. 23, 2014)