Soria Jr., Joseph v. The State of Texas--Appeal from 174th District Court of Harris County

Dismissed and Opinion filed May 30, 2002.

In The

Fourteenth Court of Appeals

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NO. 14-02-00477-CR

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JOSEPH SORIA, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 174th District Court

Harris County, Texas

Trial Court Cause No. 682,845

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 aggravated sexual assault of a child and, pursuant to an agreed plea with the State, sentenced to ten years confinement in the Texas Department of Criminal Justice--Institutional Division on March 4, 2002. No motion for new trial was filed. Appellant=s notice of appeal was not filed until May 1, 2002.

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. Here, appellant was sentenced on March 4, 2002; however, his notice of appeal was not filed until May 1, 2002Bbeyond the thirty day time limit of rule 26.2(a)(1). Thus, we are without jurisdiction.

Moreover, to invoke an appellate court=s jurisdiction over an appeal, an appellant must give timely and proper notice of appeal. White v. State, 61 S.W.3d 424, 428 (Tex. Crim. App. 2001) (emphasis added). Appellant filed a general notice of appeal that did not comply with the requirements of Rule 25.2(b)(3) of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 25.2(b)(3). Rule 25.2(b)(3) provides that when an appeal is from a judgment rendered on a defendant=s plea of guilty or nolo contendere and the punishment assessed does not exceed the punishment recommended by the State and agreed to by the defendant, the notice of appeal must: (1) specify that the appeal is for a jurisdictional defect; (2) specify that the substance of the appeal was raised by written motion and ruled on before trial; or (3) state that the trial court granted permission to appeal. Id. The time for filing a proper notice of appeal has expired; thus appellant may not file an amended notice of appeal to correct jurisdictional defects. State v. Riewe, 13 S.W.3d 408, 413-14 (Tex. Crim. App. 2000). Because appellant=s notice of appeal did not comply with the requirements of Rule 25.2(b)(3), we are without jurisdiction to consider any of appellant=s issues, including the voluntariness of the plea. See Cooper v. State, 45 S.W.2d 77, 83 (Tex. Crim. App. 2001) (holding that appellant who files general notice of appeal may not appeal voluntariness of negotiated plea).

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Opinion filed May 30, 2002.

Panel consists of Justices Hudson, Fowler, and Edelman.

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