Davila, Eric German v. State ( 2003 )

Dismissed and Memorandum Opinion filed August 7, 2003

Dismissed and Memorandum Opinion filed August 7, 2003.

In The

Fourteenth Court of Appeals

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NO. 14-03-00751-CR

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ERIC GERMAN DAVILA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 208th District Court

Harris County, Texas

Trial Court Cause No. 869,418

M E M O R A N D U M   O P I N I O N

Appellant entered a guilty plea to intoxication manslaughter.  In accordance with the terms of a plea bargain agreement with the State, on September 5, 2001, the trial court sentenced appellant to confinement for fifteen  years in the Institutional Division of the Texas Department of Criminal Justice. Appellant filed an untimely pro se notice of appeal.  Because appellant has no right to appeal and we lack jurisdiction, we dismiss. 

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.

Appellant=s notice of appeal was not filed until June 26, 2003.  Accordingly, we are without jurisdiction to consider the appeal. 

In addition, the trial court entered a certification of the defendant=s right to appeal in which the court certified that this is a plea bargain case, the defendant has no right of appeal, and the defendant waived his right of appeal.  See Tex. R. App. P. 25.2(a)(2).  The trial court=s certification is included in the record on appeal.  See Tex. R. App. P. 25.2(d).

Accordingly, we dismiss the appeal. 

PER CURIAM

Judgment rendered and Memorandum Opinion filed August 7, 2003.

Panel consists of Chief Justice Brister and Justices Anderson and Seymore.

Do Not Publish C Tex.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