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Twyman v. State

Court of Appeals of Texas, Fourteenth District, Houston
May 27, 2004
Nos. 14-04-00447-CR, 14-04-00448-CR, 14-04-00449-CR, 14-04-00450-CR (Tex. App. May. 27, 2004)

Opinion

Nos. 14-04-00447-CR, 14-04-00448-CR, 14-04-00449-CR, 14-04-00450-CR

Memorandum Opinion filed May 27, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 337thth District Court, Harris County, Texas, Trial Court Cause Nos. 820,994; 824,381; 828,148; and 828,149. Dismissed.

Panel consists of Justices YATES, ANDERSON, and HUDSON.


MEMORANDUM OPINION


After pleas of guilty in cause numbers 820,994 (possession of cocaine weighing more than one but less than four grams), 824,381 (possession of cocaine weighing more than one but less than four grams), and 828,148 (delivery of cocaine weighing more than one but less than four grams), appellant was convicted of the offenses and sentenced to six years' imprisonment on November 17, 1999. As part of a plea bargain, the charge in cause number 828,149 was dismissed. No motions for new trial were filed. Appellant's notice of appeal in all four cases was not filed until April 14, 2004. 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 appeals are ordered dismissed.


Summaries of

Twyman v. State

Court of Appeals of Texas, Fourteenth District, Houston
May 27, 2004
Nos. 14-04-00447-CR, 14-04-00448-CR, 14-04-00449-CR, 14-04-00450-CR (Tex. App. May. 27, 2004)
Case details for

Twyman v. State

Case Details

Full title:JOHHNY L. TWYMAN, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: May 27, 2004

Citations

Nos. 14-04-00447-CR, 14-04-00448-CR, 14-04-00449-CR, 14-04-00450-CR (Tex. App. May. 27, 2004)