Garcia, Jesse v. The State of Texas--Appeal from 174th District Court of Harris County

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Dismissed and Memorandum Opinion filed September 11, 2003

Dismissed and Memorandum Opinion filed September 11, 2003.

In The

Fourteenth Court of Appeals

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NO. 14-03-00901-CR

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JESSE GARCIA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 174th District Court

Harris County, Texas

Trial Court Cause No. 891,957

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. On January 27, 2003, appellant was sentenced to confinement for eight years in the Institutional Division of the Texas Department of Criminal Justice. No timely motion for new trial was filed. Appellant=s pro se notice of appeal was not filed until June 27, 2003.


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.[1] 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.

Moreover, the trial court entered a certification of the defendant=s right to appeal in which the court certified that appellant 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, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed September 11, 2003.

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

Do Not Publish C Tex.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


[1] Although the record reflects the trial court granted appellant=s motion for an out-of-time appeal on July 30, 2003, the court was without jurisdiction to do so.

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