Eathan Horton v. The State of Texas--Appeal from 179th District Court of Harris County
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Dismissed and Memorandum Opinion filed September 22, 2011.
In The
Fourteenth Court of Appeals
____________
NO. 14-11-00720-CR
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EATHAN HORTON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 179th District Court
Harris County, Texas
Trial Court Cause No. 1087158
MEMORANDUM
OPINION
Appellant entered a guilty plea to aggravated robbery with a deadly weapon. In
accordance with the terms of a plea bargain agreement with the State, the trial court
sentenced appellant on September 19, 2007, to confinement for twenty years in the
Institutional Division of the Texas Department of Criminal Justice. Appellant’s pro se
notice of appeal was not filed until August 12, 2011. We dismiss the appeal.
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.
Furthermore, the trial court entered a certification of the defendant’s right to appeal
in which the court certified that this 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 certification is included in the
record on appeal. See Tex. R. App. P. 25.2(d). The record supports the trial court’s
certification. See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005).
For these reasons, we dismiss the appeal.
PER CURIAM
Panel consists of Justices Brown, Boyce, and McCally.
Do Not Publish C Tex. R. App. P. 47.2(b).
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