Ervin Lydell Newton v. State

Dismissed and Memorandum Opinion filed March 15, 2007

Dismissed and Memorandum Opinion filed March 15, 2007.

 

In The

 

Fourteenth Court of Appeals

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NO. 14-07-00183-CR

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ERVIN LYDELL NEWTON, Appellant

 

V.

 

THE STATE OF TEXAS, Appellee

 

 

On Appeal from the 339th District Court

Harris County, Texas

Trial Court Cause No. 1037616

 

 

M E M O R A N D U M   O P I N I O N

After a plea of guilty, appellant was convicted of the offense of theft and sentenced to twenty-five years in the Institutional Division of the Texas Department of Criminal Justice on March 2, 2006. No timely motion for new trial was filed.  Appellant=s notice of appeal was not filed until February 26, 2007.


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 March 15, 2007.

Panel consists of Justices Frost, Seymore, and Guzman.

Do Not Publish C Tex.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