Massey, Jonathan Christopher v. The State of Texas--Appeal from 337th District Court of Harris County

Dismissed and Opinion filed October 17, 2002.

In The

Fourteenth Court of Appeals

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NOS. 14-02-01043-CR;

14-02-01044-CR;

14-02-01045-CR;

14-02-01046-CR;

14-02-01047-CR

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JOHNATHAN CHRISTOPER MASSEY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 337th District Court

Harris County, Texas

Trial Court Cause Nos. 94-21991; 94-21992; 94-25062; 94-25063 & 94-25065

M E M O R A N D U M O P I N I O N

After a guilty plea, appellant was convicted of three counts of indecency with a child, for which he was sentenced on February 9, 1995, in each cause to 20 years= incarceration in the Texas Department of Criminal Justice, Institutional Division (TDCJ-ID). Also on February 9, 1995, appellant was convicted in accordance with guilty pleas of two counts of aggravated sexual assault of a child and was sentenced in each cause to 30 years= incarceration in TDCJ-ID. No formal motion for new trial was filed; however, appellant sent a letter to the trial judge, filed on January 26, 1996, complaining of his sentence in all five causes. Even if this letter were construed to be a motion for new trial, it was not timely filed. Appellant=s pro se notice of appeal of all five causes was not filed until July 18, 2002.

A defendant=s notice of appeal must be filed within thirty days after sentence is imposed when the defendant has not filed a timely 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. See 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. See id.

Accordingly, the appeals are ordered dismissed.

PER CURIAM

Judgment rendered and Opinion filed October 17, 2002.

Panel consists of Justices Edelman, Seymore, and Guzman.

Do Not Publish Tex. R. App. P. 47.3(b).