McKnight, Sheldon Lamonte v. The State of Texas--Appeal from 182nd District Court of Harris County

Dismissed and Opinion filed February 20, 2003.

In The

Fourteenth Court of Appeals

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NO. 14-03-00109-CR

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SHELDON LAMONTE McKNIGHT, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 182nd District Court

Harris County, Texas

Trial Court Cause No. 928,225

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

Appellant entered a guilty plea to the offense of engaging in organized crime. In accordance with the terms of a plea bargain agreement with the State, on December 13, 2002, the trial court sentenced appellant to confinement for four years in the Institutional Division of the Texas Department of Criminal Justice. Appellant filed a pro se notice of appeal on January 23, 2003.[1] Because appellant has no right to appeal and we lack jurisdiction over the appeal, we dismiss.

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, and the defendant has no 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).

Moreover, appellant=s notice of appeal is untimely. 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, we dismiss the appeal for want of jurisdiction.

PER CURIAM

Judgment rendered and Opinion filed February 20, 2003.

Panel consists of Chief Justice Brister and Justices Fowler and Edelman.

Do Not Publish C Tex.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

[1] The record reflects the notice of appeal was mailed from the Harris County Jail on January 21, 2003.