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Arroyo v. State

Court of Appeals of Texas, Fourteenth District, Houston
Apr 6, 2006
No. 14-06-00245-CR (Tex. App. Apr. 6, 2006)

Opinion

No. 14-06-00245-CR

Memorandum Opinion filed April 6, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 262nd District Court, Harris County, Texas, Trial Court Cause No. 1030507. Dismissed.

Panel consists of Justices ANDERSON, EDELMAN, and FROST.


MEMORANDUM OPINION


After a plea of guilty, appellant was convicted of the offense of aggravated robbery and sentenced on June 17, 2005, to fifteen years' imprisonment in the Institutional Division of the Texas Department of Criminal Justice. An untimely motion for new trial was filed on March 15, 2006. Appellant's notice of appeal was filed March 15, 2006. A defendant's notice of appeal must be filed within thirty days after sentence is imposed when the defendant has not filed a timely 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.


Summaries of

Arroyo v. State

Court of Appeals of Texas, Fourteenth District, Houston
Apr 6, 2006
No. 14-06-00245-CR (Tex. App. Apr. 6, 2006)
Case details for

Arroyo v. State

Case Details

Full title:WILSON DAVID ARROYO a/k/a LUIS AVILES, Appellant, v. THE STATE OF TEXAS…

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Apr 6, 2006

Citations

No. 14-06-00245-CR (Tex. App. Apr. 6, 2006)