Haynes, Marlin Dorcell v. State

Dismissed and Memorandum Opinion filed August 26, 2004

Dismissed and Memorandum Opinion filed August 26, 2004.

 

In The

 

Fourteenth Court of Appeals

____________

 

NO. 14-04-00753-CR

____________

 

MARLIN DORCELL HAYNES, Appellant

 

V.

 

THE STATE OF TEXAS, Appellee

 

 

On Appeal from the 248th District Court

Harris County, Texas

Trial Court Cause No. 963,735

 

 

M E M O R A N D U M   O P I N I O N

On June 15, 2004, the trial court revoked appellant=s deferred adjudication for the offense of false statement to obtain credit and sentenced appellant to eight years= imprisonment.  No motion for new trial was filed.  Appellant=s notice of appeal was not filed until August 3, 2004.


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 Memorandum Opinion filed August 26, 2004.

Panel consists of Justices Yates, Edelman, and Guzman.

Do Not Publish C Tex.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