McLendon, Robert v. The State of Texas--Appeal from 262nd District Court of Harris County

Dismissed and Memorandum Opinion filed August 5, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-04-00575-CR

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ROBERT BLAKELY MCLENDON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Cause No. 709,987

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

After pleading guilty to the charge of misdemeanor theft, appellant received two years of deferred adjudication probation and was ordered to pay a $200 fine and perform 80 hours of community service. Appellant successfully completed his probation and the cause was dismissed on April 15, 1998. On April 2, 2004, appellant filed a petition for nondisclosure of criminal history record information. The trial court denied this motion on April 22, 2004. No timely motion for new trial was filed. Appellant=s notice of appeal was not filed until June 4, 2004.

Generally, an appellate court only has jurisdiction to consider an appeal by a criminal defendant where there has been a final judgment of conviction. Workman v. State, 170 Tex.Crim. 621, 343 S.W.2d 446, 447 (1961); McKown v. State, 915 S.W.2d 160, 161 (Tex.App. Fort Worth 1996, no pet.). The exceptions include: (1) certain appeals while the defendant is on deferred adjudication community supervision, Kirk v. State, 942 S.W.2d 624, 625 (Tex.Crim.App.1997); (2) appeals from the denial of a motion to reduce bond, Tex. R. App. P. 31.1; McKown, 915 S.W.2d at 161; and (3) certain appeals from the denial of habeas corpus relief, Wright v. State, 969 S.W.2d 588, 589 (Tex.App. Dallas 1998, no pet.); McKown, 915 S.W.2d at 161. Because appellant=s appeal does not fall within the exceptions to the general rule that appeal may be taken only from a final judgment of conviction, we have no jurisdiction.

Even if this denial of the petition for nondisclosure were appealable, appellant=s notice of appeal was not timely filed. A defendant=s notice of appeal must be filed within thirty days after the sentence or appealable order 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

Judgment rendered and Memorandum Opinion filed August 5, 2004.

Panel consists of Justices Anderson, Hudson, and Frost.

Do Not Publish C Tex.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