Opinion
14-24-00655-CR 14-24-00656-CR
12-10-2024
Do Not Publish - Tex.R.App.P. 47.2(b)
On Appeal from the 228th District Court Harris County, Texas Trial Court Cause Nos. 1684056, 1790359.
Panel consists of Chief Justice Christopher and Justices Bourliot and Wilson.
MEMORANDUM OPINION
PER CURIAM
Under a plea-bargain agreement with the State, appellant pleaded guilty to aggravated robbery with a deadly weapon and was sentenced to 35 years' imprisonment on May 24, 2024. He filed a notice of appeal on August 29, 2024.
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.
We lack jurisdiction because appellant's notice of appeal was filed more than 30 days after sentence was imposed. Further, we lack jurisdiction because this is a plea-bargain case in which appellant waived the right to appeal. Tex.R.App.P. 25.2(a)(2).
On October 30, 2024, we notified the parties of our intent to dismiss this appeal unless appellant demonstrated, within 21 days, that the court has jurisdiction. We have not received a response from appellant.
The appeal is dismissed.