Isreal Reyes, Sr. v. The State of Texas Appeal from 207th District Court of Comal County (memorandum opinion )
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-14-00446-CR Isreal Reyes, Sr., Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF COMAL COUNTY, 207TH JUDICIAL DISTRICT NO. CR2012-428, THE HONORABLE JACK H. ROBISON, JUDGE PRESIDING MEMORANDUM OPINION Appellant Isreal Reyes, Sr. seeks to appeal from judgments of conviction for aggravated assault, endangering a child, and unlawful possession of a firearm by a felon. See Tex. Penal Code ยงยง 22.02(b)(1), 22.041(c), 46.04(a). Rule 26.2 of the Texas Rules of Appellate Procedure provides that an appeal is perfected in a criminal case when notice of appeal is filed within 30 days after the day sentence is imposed or suspended in open court unless a motion for new trial is timely filed. Tex. R. App. P. 26.2(a)(1). Compliance with Rule 26 the timely filing of a notice of appeal is essential to vest this Court with jurisdiction. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). In this case, the trial court imposed sentence on November 1, 2013. There was no motion for new trial filed. The deadline for perfecting appeal was therefore December 2, 2013. See Tex. R. App. P. 26.2(a)(1). Appellant filed his notice of appeal on July 3, 2014. Thus, appellant s notice of appeal, filed 244 days after sentence was imposed, is untimely. Absent a timely filed notice of appeal, we do not obtain jurisdiction to address the merits of the appeal in a criminal case and can take no action other than to dismiss the appeal for want of jurisdiction. See Slaton, 981 S.W.2d at 210. The appeal is dismissed. __________________________________________ Melissa Goodwin, Justice Before Chief Justice Jones, Justices Rose and Goodwin Dismissed for Want of Jurisdiction Filed: August 20, 2014 Do Not Publish 2
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