Collins, Joseph v. The State of Texas--Appeal from 178th District Court of Harris County

Dismissed and Memorandum Opinion filed April 7, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-04-01226-CR

NO. 14-05-00001-CR

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JOSEPH COLLINS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 178th District Court

Harris County, Texas

Trial Court Cause Nos. 931,680 & 931,681

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

Appellant entered guilty pleas to the offenses of robbery and unauthorized use of a motor vehicle. In accordance with the terms of plea bargain agreements with the State, the trial court sentenced appellant on February 16, 2004, to confinement for 20 years= imprisonment in the Texas Department of Criminal Justice, Institutional Division, with sentences to run concurrently. No timely motions for new trial were filed. Appellant=s notices of appeal were not filed until December 6, 2004.

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.

The trial court entered certifications of the defendant=s right to appeal in which the court certified that these are plea bargain cases, and the defendant has no right of appeal. See Tex. R. App. P. 25.2(a)(2). The trial court=s certifications are included in the records on appeal. See Tex. R. App. P. 25.2(d).

Accordingly, the appeals are ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed April 7, 2005.

Panel consists of Justices Yates, Anderson, and Hudson.

Do Not Publish C Tex.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