Williams, Jerome v. The State of Texas--Appeal from 361st District Court of Brazos County

Dismissed and Opinion filed May 30, 2002.

In The

Fourteenth Court of Appeals

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NO. 14-02-00395-CR

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JEROME WILLIAMS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 361st District Court

Brazos County, Texas

Trial Court Cause No. 28,278-361

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

After a guilty plea, appellant was convicted of the offense of burglary of a habitation and sentenced on December 8, 2000, to ten years= incarceration in the Texas Department of Criminal Justice, Institutional Division. The sentence was suspended and appellant was placed on community supervision for five years. On June 27, 2001, the trial court signed a judgment revoking probation and sentencing appellant to ten years= incarceration in the Texas Department of Criminal Justice, Institutional Division. No motion for new trial was filed. Appellant=s notice of appeal was not filed until April 24, 2002.[1]

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. See 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. See id.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Opinion filed May 30, 2002.

Panel consists of Justices Yates, Seymore, and Guzman.

Do Not Publish Tex. R. App. P. 47.3(b).

[1] The notice of appeal is stamped Areceived@ on July 31, 2001, by the 361st District Court. The file stamp is by the Brazos District Clerk. Even if we were to consider the Areceived@ date as the date of filing, the notice of appeal would be late.