Bobby Dean Gray v. State of Texas







IN THE

TENTH COURT OF APPEALS


No. 10-01-149-CR


     BOBBY DEAN GRAY,

                                                                              Appellant

     v.


     THE STATE OF TEXAS,

                                                                              Appellee


From the 66th District Court

Hill County, Texas

Trial Court # 31,934

                                                                                                                

MEMORANDUM OPINION

                                                                                                                


      Bobby Gray was charged with aggravated robbery. Pursuant to a plea bargain, he pled guilty and received twenty years in prison. The trial court’s sentence did not exceed the punishment recommended by the prosecutor and agreed to by Gray. Sixty-seven days after the sentence was imposed in open court, Gray filed a notice of appeal. We dismiss the appeal for want of jurisdiction.

      after his sentence was imposed.

      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.

      

                                                                   PER CURIAM


Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Appeal dismissed

Opinion delivered and filed June 6, 2001

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