From Casetext: Smarter Legal Research

Turner v. State

Court of Appeals of Texas, Fourteenth District, Houston
Jul 20, 2006
No. 14-06-00576-CR (Tex. App. Jul. 20, 2006)

Opinion

No. 14-06-00576-CR

Memorandum Opinion filed July 20, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 263rd District Court, Harris County, Texas, Trial Court Cause No. 1052373. Dismissed.

Panel consists of Justices HUDSON, FOWLER, and SEYMORE.


MEMORANDUM OPINION


Appellant entered a guilty plea to credit/debit card abuse. In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant on May 19, 2006, to confinement for six months in the State Jail Division of the Texas Department of Criminal Justice. No timely motion for new trial was filed. Appellant's pro se notice of appeal was not filed until June 20, 2006. 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. Moreover, 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). The record supports the trial court's certification. See Dears v. State, 154 S.W.3d 610, 615 (Tex.Crim.App. 2005). Accordingly, the appeal is ordered dismissed.


Summaries of

Turner v. State

Court of Appeals of Texas, Fourteenth District, Houston
Jul 20, 2006
No. 14-06-00576-CR (Tex. App. Jul. 20, 2006)
Case details for

Turner v. State

Case Details

Full title:TRACY LEE TURNER, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Jul 20, 2006

Citations

No. 14-06-00576-CR (Tex. App. Jul. 20, 2006)