Yaw, Owusu v. The State of Texas--Appeal from 262nd District Court of Harris County

Dismissed and Memorandum Opinion filed October 30, 2003.

In The

Fourteenth Court of Appeals

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NO. 14-03-00902-CR

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OWUSU YAW, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Cause No. 952,152

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

On June 30, 2003, appellant entered a guilty plea to the offense of sexual assault of a child. In accordance with the terms of a plea bargain agreement with the State, the trial court entered an order deferring adjudication of guilt, placing appellant on community supervision for 6 years, and imposing a fine of $500.00. Appellant filed a motion for new trial on August 12, 2003. Also on August 12, 2003, appellant filed a pro se notice of appeal. We have no jurisdiction over this appeal. Additionally, appellant has no right to appeal. For these reasons, 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 timely motion for new trial. See Tex. R. App. P. 26.2(a)(1). To be timely, a motion for new trial must be filed within 30 days after the trial court imposes sentence. Tex. R. App. P. 21.4(a).

In this case, appellant filed his motion for new trial after the 30-day deadline, and moreover, the deadline for filing the notice of appeal was not extended. The notice of appeal was filed more than thirty days after sentence was imposed. Thus, neither the motion for new trial nor the notice of appeal was timely filed.

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.

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, 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).

Accordingly, we dismiss the appeal.

PER CURIAM

Judgment rendered and Opinion filed October 30, 2003.

Panel consists of Justices Yates, Hudson, and Fowler.

Do Not Publish C Tex.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