Joseph Sepeda v. The State of Texas--Appeal from 179th District Court of Harris County

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Dismissed and Memorandum Opinion filed September 15, 2005

Dismissed and Memorandum Opinion filed September 15, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-00934-CR

NO. 14-05-00935-CR

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JOSEPH SEPEDA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 179th District Court

Harris County, Texas

Trial Court Cause Nos. 949,911 & 951,674

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

Appellant entered guilty pleas to two charges of theft from a person. In accordance with the terms of plea bargain agreements with the State, the trial court sentenced appellant on May 6, 2004, to confinement for eight years in the Institutional Division of the Texas Department of Criminal Justice. Appellant filed a pro se notice of appeal in both cases on August 18, 2005. Because we lack jurisdiction and appellant has no right to appeal, we dismiss.


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.

In addition, the trial court entered a certification of the defendant=s right to appeal in each case in which the court certified that each is a plea bargain case, and the defendant has no right of appeal. See Tex. R. App. P. 25.2(a)(2). The trial court=s certifications are included in the records on appeal. See Tex. R. App. P. 25.2(d).

Accordingly, we dismiss the appeals.

PER CURIAM

Judgment rendered and Memorandum Opinion filed September 15, 2005.

Panel consists of Chief Justice Hedges and Justices Yates and Anderson.

Do Not Publish C Tex.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