William Mark Rhodes v. State ( 2014 )

Dismissed and Memorandum Opinion filed June 19, 2014.
In The
Fourteenth Court of Appeals
NO. 14-13-00888-CR
WILLIAM MARK RHODES, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 248th District Court
Harris County, Texas
Trial Court Cause No. 1259408
MEMORANDUM OPINION
This is an appeal from a judgment of guilt following a deferred adjudication.
Appellant pleaded guilty without an agreed recommendation to the offense of
burglary of a habitation. The trial court deferred adjudication and placed appellant
on probation for five years. Subsequently, on the State’s motion, the trial court
adjudicated guilt and sentenced appellant to prison for six years.
Sentence was imposed on September 4, 2012. Appellant’s notice of appeal
was not filed until October 2, 2013.
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 appeal is ordered dismissed.
PER CURIAM
Panel consists of Justices Boyce, Busby and Wise.
Do Not Publish — Tex. R. App. P. 47.2(b).
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