Flores, Raul v. State

Dismissed and Opinion filed August 21, 2003

Dismissed and Opinion filed August 21, 2003.

 

In The

 

Fourteenth Court of Appeals

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NO. 14-03-00872-CR

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RAUL FLORES, Appellant

 

V.

 

THE STATE OF TEXAS, Appellee

 

 

On Appeal from the 337th District Court

Harris County, Texas

Trial Court Cause No. 894,637

 

 

M E M O R A N D U M   O P I N I O N

After a guilty plea, appellant was convicted of the offense of possession with intent to deliver a controlled substance and was sentenced on February 7, 2003, to 60 years= imprisonment in the Texas Department of Criminal Justice, Institutional Division.  Appellant=s notice of appeal was not filed until July 31, 2003.


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.

Accordingly, the appeal is ordered dismissed.

 

PER CURIAM

 

Judgment rendered and Opinion filed August 21, 2003.

Panel consists of Justices Yates, Hudson, and Fowler.

Do Not Publish C Tex.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