Manuel, John Marquies v. The State of Texas--Appeal from 183rd District Court of Harris County

Dismissed and Memorandum Opinion filed September 16, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-04-00854-CR

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JOHN MARQUIES MANUEL, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 183rd District Court

Harris County, Texas

Trial Court Cause No. 948,218

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

After a plea of guilty to burglary of a habitation, appellant was placed on deferred adjudication probation. The State subsequently moved to adjudicate. On June 10, 2004, appellant was adjudicated guilty of the offense of burglary of a habitation and was sentenced to 6 years= imprisonment in the Institutional Division of the Texas Department of Criminal Justice. No timely motion for new trial was filed. Appellant=s notice of appeal was not filed until July 19, 2004. The record includes proof that the notice of appeal was mailed on July 15, 2004.

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.

Even considering the date the notice of appeal was mailed, appellant did not file his notice of appeal within thirty days of the date sentence was imposed. Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed September 16, 2004.

Panel consists of Justices Anderson, Hudson, and Frost.

Do Not Publish C Tex.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