Roger G. Garcia v. The State of Texas--Appeal from 248th District Court of Harris County

Dismissed and Memorandum Opinion filed October 11, 2007.

In The

Fourteenth Court of Appeals

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NO. 14-07-00782-CR

NO. 14-07-00783-CR

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ROGER G. GARCIA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 248th District Court

Harris County, Texas

Trial Court Cause Nos. 1023791 & 1040610

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

Appellant entered a guilty plea to the offenses of aggravated assault, and bail jumping and failure to appear. In accordance with the terms of plea bargain agreements with the State, the trial court sentenced appellant in each cause on December 5, 2005, to confinement for five years in the Institutional Division of the Texas Department of Criminal Justice, with the two sentences to run concurrently. Appellant filed pro se notices of appeal on August 29, 2007. We dismiss the appeals.

The trial court entered certifications in each cause 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). The records support the trial court=s certifications. See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005).

There is an additional reason to dismiss the appeals. 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 that 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 records in these appeals contain no timely filed notices of appeal.

Accordingly, we dismiss the appeals.

PER CURIAM

Judgment rendered and Memorandum Opinion filed October 11, 2007.

Panel consists of Justices Yates, Fowler, and Guzman.

Do Not Publish C Tex.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