Jerardo Gonzalez v. The State of Texas--Appeal from 412th District Court of Brazoria County
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Dismissed and Memorandum Opinion filed May 6, 2010. In The Fourteenth Court of Appeals ____________ NO. 14-10-00353-CR ____________ JERARDO GONZALEZ, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 412th District Court Brazoria County, Texas Trial Court Cause No. 59,463 MEMORANDUM OPINION After a plea of guilty, appellant was convicted of the offense of possession of a controlled substance with intent to deliver and sentenced to six and a half years in prison on October 14, 2009. No timely motion for new trial was filed. Appellant s notice of appeal was not filed until April 12, 2010. 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. Accordingly, the appeal is ordered dismissed. PER CURIAM Panel consists of Justices Anderson, Frost, and Seymore. Do Not Publish Tex. R. App. P. 47.2(b). 2
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