Thomas Rosario Rega v. State ( 2014 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-14-00730-CR
Thomas Rosario Rega, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF BELL COUNTY, 426TH JUDICIAL DISTRICT
NO. 72,070, THE HONORABLE FANCY H. JEZEK, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Thomas Rosario Rega seeks to appeal from a judgment of conviction for
aggravated robbery. See Tex. Penal Code § 29.03.
Rule 26.2 of the Texas Rules of Appellate Procedure provides that an appeal is
perfected in a criminal case when notice of appeal is filed within 30 days after the day sentence is
imposed or suspended in open court unless a motion for new trial is timely filed. Tex. R. App. P.
26.2(a)(1). Compliance with Rule 26—the timely filing of a notice of appeal—is essential to vest
this Court with jurisdiction. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Olivo
v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).
In this case, the trial court imposed sentence on March 25, 2014. There was no
motion for new trial filed. The deadline for perfecting appeal was therefore April 24, 2014. See Tex.
R. App. P. 26.2(a)(1). Appellant filed his notice of appeal on November 14, 2014. Thus, appellant’s
notice of appeal, filed 234 days after sentence was imposed, is untimely.
Absent a timely filed notice of appeal, we do not obtain jurisdiction to address the
merits of the appeal in a criminal case and can take no action other than to dismiss the appeal for
want of jurisdiction. See Slaton, 981 S.W.2d at 210. Accordingly, the appeal is dismissed.
__________________________________________
Melissa Goodwin, Justice
Before Chief Justice Jones, Justices Rose and Goodwin
Dismissed for Want of Jurisdiction
Filed: December 23, 2014
Do Not Publish
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