Fizer, Keidrick DeMarcus v. State ( 2004 )

Dismissed and Memorandum Opinion filed October 7, 2004

Dismissed and Memorandum Opinion filed October 7, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-04-00923-CR

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KEIDRICK DEMARCUS FIZER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 178^th District Court

Harris County, Texas

Trial Court Cause No. 949,894

M E M O R A N D U M   O P I N I O N

After a plea of guilty, appellant was convicted of the offense of aggravated robbery and sentenced on August 6, 2003, to nine years= imprisonment in the Texas Department of Criminal Justice, Institutional Division. A timely motion for new trial was filed. Appellant=s notice of appeal was not filed until August 25, 2004.

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).  When a timely motion for new trial is filed, the notice of appeal must be filed within ninety days after sentence is imposed.  Id. at 26.2(a)(2).  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.

Appellant=s notice of appeal was not filed within ninety days of the imposition of sentence.  Accordingly, this court is with jurisdiction and the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed October 7, 2004.

Panel consists of Justices Anderson, Hudson, and Frost.

Do Not Publish C Tex. R. App. P. 47.2(b).