Opinion
NO. 14-12-01040-CR
01-17-2013
ROBERT ANDREW WILLHELM, Appellant v. THE STATE OF TEXAS, Appellee
Dismissed and Memorandum Opinion and Concurring Memorandum
On Appeal from the 212th District Court
Galveston County, Texas
Trial Court Cause No. 36,362
MEMORANDUM OPINION
After a plea of guilty, appellant was convicted of the offense of burglary of a habitation with intent to commit rape and sentenced to ten years' confinement on September 8, 1980. Appellant's notice of appeal was not filed until September 19, 2012.
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.
It appears appellant is attempting to appeal the denial of his motion for judgment nunc pro tunc. A challenge to the trial court's denial of a motion for judgment nunc pro tunc may be properly brought through petition for writ of mandamus. See In re Gomez, 268 S.W.3d 262 (Tex. App.—Austin 2008, orig. proceeding).
Accordingly, the appeal is ordered dismissed.
Tracy Christopher
Justice
Panel consists of Justices Frost, Christopher, and Jamison (Frost, J. concurring). Do Not Publish — Tex. R. App. P. 47.2(b).