Van Joseph Mendes v. State of Texas--Appeal from 40th District Court of Ellis County

IN THE

TENTH COURT OF APPEALS

No. 10-00-257-CR

VAN JOSEPH MENDES,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 40th District Court

Ellis County, Texas

Trial Court # 21605CR

MEMORANDUM OPINION

On August 30, 1995, Mendes pled guilty to aggravated robbery and was placed on community supervision probation. On January 19, 2000, the State filed a motion to revoke probation which was granted on March 31. Mendes filed a pro se notice of appeal on July 11. No motion for new trial was filed.

According to the Rules of Appellate Procedure, a notice of appeal for a criminal case must be filed:

(1) within 30 days after the day sentence is imposed or suspended in open court, or after the day the trial court enters an appealable order. . . .

Tex. R. App. P. 26.2 (a)(1). Mendes notice of appeal was filed 102 days after his probation was revoked.

A notice of appeal which complies with the requirements of Rule 26 is essential to vest a court of appeals with jurisdiction. Fowler v. State, 16 S.W.3d 426, 428 (Tex. App. Waco 2000, pet. filed) (citing Slaton v. State, 981 S.W.2d 208, 209 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996)). If an appeal is not timely perfected, a court of appeals does not obtain jurisdiction to address the merits of the appeal and can take no action other than to dismiss the appeal. Id.

Because Mendes notice of appeal was untimely, we dismiss this cause for want of jurisdiction.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Appeal Dismissed

Opinion delivered and filed September 13, 2000

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