Moores, Roy Lee v. The State of Texas--Appeal from 208th District Court of Harris County

Dismissed and Memorandum Opinion filed January 13, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-04-01171-CR

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ROY LEE MOORES, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 208th District Court

Harris County, Texas

Trial Court Cause No. 964,761

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

Appellant entered a guilty plea to bail jumping and failure to appear. In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant on October 26, 2004, to confinement for two years in the Institutional Division of the Texas Department of Criminal Justice. Appellant filed an untimely pro se notice of appeal on December 1, 2004.[1] Because we lack jurisdiction and appellant has no right to appeal, 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 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.

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 Memorandum Opinion filed January 13, 2005.

Panel consists of Chief Justice Hedges and Justices Fowler and Seymore.

Do Not Publish C Tex.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

[1] The record indicates the notice of appeal was mailed on November 30, 2004. Thus, we may not apply the mailing rule to consider the notice timely filed. See Tex. R. App. P. 9.2(b) (requiring a mailed document to be deposited in the mail on or before the last day for filing).