Charles Lee John Lewis v. The State of Texas--Appeal from 185th District Court of Harris County
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Dismissed and Memorandum Opinion filed August 16, 2011. In The Fourteenth Court of Appeals ____________ NO. 14-11-00629-CR ____________ CHARLES LEE JOHNLEWIS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 185th District Court Harris County, Texas Trial Court Cause No. 989533 MEMORANDUM OPINION After a guilty plea, appellant was convicted of the offense of possession of marijuana and sentenced to three years confinement in the Institutional Division of the Texas Department of Criminal Justice on June 1, 2011. No timely motion for new trial was filed. Appellant s notice of appeal was post marked July 7, 2011 and file marked on July 13, 2011. 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 that 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 Panel consists of Justices Anderson, Brown, and Christopher. Do Not Publish Tex. R. App. P. 47.2(b). 2
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