Coronado, Victor v. The State of Texas--Appeal from 179th District Court of Harris County

Dismissed and Memorandum Opinion filed October 16, 2003.

In The

Fourteenth Court of Appeals

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NO. 14-03-00946-CR; NO. 14-03-00947-CR;

NO. 14-03-00948-CR; and NO. 14-03-00949-CR

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VICTOR CORONADO, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 179th District Court

Harris County, Texas

Trial Court Cause Nos. 914,491, 916,132, 916,701 & 916,702

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

After a plea of guilty without an agreed recommendation as to punishment, appellant was convicted of four aggravated robbery offenses. On July 9, 2003, the trial court sentenced appellant to confinement for twenty-five years in the Institutional Division of the Texas Department of Criminal Justice, and the court assessed a fine of $10,000 in each case. No timely motion for new trial was filed. Appellant=s notice of appeal was not filed until August 26, 2003.

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.

On September 19, 2003, notification was transmitted to all parties of the Court=s intent to dismiss the appeal for want of jurisdiction. Appellant=s counsel filed a response in which he asks this Court to grant an out-of time appeal because appellant was not represented by counsel during the time for filing his notice of appeal.

A[A] late notice of appeal may be considered timely so as to invoke a court of appeals= jurisdiction if (1) it is filed within fifteen days of the last day allowed for filing, (2) a motion for extension of time is filed in the court of appeals within fifteen days of the last day allowed for filing the notice of appeal, and (3) the court of appeals grants the motion for extension of time.@ Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Appellant=s notice of appeal was not filed within fifteen days of the last day allowed for filing, and appellant did not file a timely motion for extension of time. This Court has no jurisdiction to grant an out-of-time appeal. Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991) (out of time appeal from final felony conviction may be sought by filing a writ of habeas corpus with the Court of Criminal Appeals pursuant to article 11.07 of the Texas Code of Criminal Procedure).

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed October 16, 2003.

Panel consists of Chief Justice Brister and Justices Anderson and Seymore.

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