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Rhodes v. State

State of Texas in the Fourteenth Court of Appeals
Jun 19, 2014
NO. 14-13-00888-CR (Tex. App. Jun. 19, 2014)

Opinion

NO. 14-13-00888-CR

06-19-2014

WILLIAM MARK RHODES, Appellant v. THE STATE OF TEXAS, Appellee


Dismissed and Memorandum Opinion filed June 19, 2014.

On Appeal from the 248th District Court

Harris County, Texas

Trial Court Cause No. 1259408


MEMORANDUM OPINION

This is an appeal from a judgment of guilt following a deferred adjudication. Appellant pleaded guilty without an agreed recommendation to the offense of burglary of a habitation. The trial court deferred adjudication and placed appellant on probation for five years. Subsequently, on the State's motion, the trial court adjudicated guilt and sentenced appellant to prison for six years.

Sentence was imposed on September 4, 2012. Appellant's notice of appeal was not filed until October 2, 2013.

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.

PER CURIAM

Panel consists of Justices Boyce, Busby and Wise.
Do Not Publish — Tex. R. App. P. 47.2(b).


Summaries of

Rhodes v. State

State of Texas in the Fourteenth Court of Appeals
Jun 19, 2014
NO. 14-13-00888-CR (Tex. App. Jun. 19, 2014)
Case details for

Rhodes v. State

Case Details

Full title:WILLIAM MARK RHODES, Appellant v. THE STATE OF TEXAS, Appellee

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Jun 19, 2014

Citations

NO. 14-13-00888-CR (Tex. App. Jun. 19, 2014)

Citing Cases

In re Rhodes

This Court previously dismissed relator's appeal of his conviction due to relator's failure to timely perfect…