From Casetext: Smarter Legal Research

Whitfield v. State

State of Texas in the Fourteenth Court of Appeals
Jun 1, 2017
NO. 14-17-00120-CR (Tex. App. Jun. 1, 2017)

Opinion

NO. 14-17-00120-CR

06-01-2017

RONALD DWAYNE WHITFIELD, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 351st District Court Harris County, Texas
Trial Court Cause No. 492674

MEMORANDUM OPINION

On February 18, 1988, appellant Ronald Dwayne Whitfield pleaded guilty to the offense of theft. The trial court deferred adjudication of guilt and placed appellant on deferred-adjudication probation for one year. No timely motion for new trial was filed. Appellant's notice of appeal was not filed until January 30, 2017.

A defendant's notice of appeal must be filed within 30 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 Texas Rule of Appellate Procedure 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 Chief Justice Frost and Justices Jamison and Busby.
Do Not Publish — Tex. R. App. P. 47.2(b).


Summaries of

Whitfield v. State

State of Texas in the Fourteenth Court of Appeals
Jun 1, 2017
NO. 14-17-00120-CR (Tex. App. Jun. 1, 2017)
Case details for

Whitfield v. State

Case Details

Full title:RONALD DWAYNE WHITFIELD, Appellant v. THE STATE OF TEXAS, Appellee

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Jun 1, 2017

Citations

NO. 14-17-00120-CR (Tex. App. Jun. 1, 2017)