DocketNumber: 14-10-00353-CR
Filed Date: 5/6/2010
Status: Precedential
Modified Date: 9/23/2015
Dismissed and Memorandum Opinion filed May 6, 2010.
In The
Fourteenth Court of Appeals
____________
NO. 14-10-00353-CR
____________
JERARDO GONZALEZ, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 412th District Court
Brazoria County, Texas
Trial Court Cause No. 59,463
MEMORANDUM OPINION
After a plea of guilty, appellant was convicted of the offense of possession of a controlled substance with intent to deliver and sentenced to six and a half years in prison on October 14, 2009. No timely motion for new trial was filed. Appellant’s notice of appeal was not filed until April 12, 2010.
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 Anderson, Frost, and Seymore.
Do Not Publish — Tex. R. App. P. 47.2(b).