Gutierrez, Francisco Javier v. State

Dismissed and Memorandum Opinion filed December 9, 2004

Dismissed and Memorandum Opinion filed December 9, 2004.

 

In The

 

Fourteenth Court of Appeals

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NO. 14-04-01070-CR

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FRANCISCO JAVIER GUTIERREZ, Appellant

 

V.

 

THE STATE OF TEXAS, Appellee

 

 

On Appeal from the 182nd District Court

Harris County, Texas

Trial Court Cause No. 958,485

 

 

M E M O R A N D U M   O P I N I O N

Appellant entered a guilty plea to the offense of aggravated robbery.  In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant on January 13, 2004, to confinement for fifteen years in the Institutional Division of the Texas Department of Criminal Justice.  No motion for new trial was filed.  Appellant filed a pro se notice of appeal on October 28, 2004.  Because appellant has no right to appeal, we dismiss. 


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).

Furthermore, appellant=s notice of appeal was not timely filed.  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, we dismiss the appeal. 

 

 

PER CURIAM

 

Judgment rendered and Memorandum Opinion filed December 9, 2004.

Panel consists of Justices Anderson, Hudson, and Frost.

Do Not Publish C Tex.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