Jose Ernest Adame v. State ( 2018 )


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  • Appeal Dismissed and Memorandum Opinion filed December 18, 2018.
    In The
    Fourteenth Court of Appeals
    NO. 14-18-01034-CR
    JOSE ERNEST ADAME, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the 177th District Court
    Harris County, Texas
    Trial Court Cause No. 1426474
    MEMORANDUM                      OPINION
    Appellant Jose Ernest Adame pleaded guilty to assault of a family member
    with bodily injury. Appellant and the State agreed appellant’s punishment would not
    exceed three years’ imprisonment. On June 9, 2014, the trial court sentenced
    appellant in accordance with the terms of his agreement with the State. Appellant
    filed a notice of appeal on November 12, 2018.
    We lack jurisdiction over this appeal for two reasons: the notice of appeal was
    not filed timely, and this is a plea bargain case with no appealable matters and
    appellant has not been granted permission to appeal.
    First, 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 that complies with the requirements
    of Rule 26.2 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.
    Appellant’s notice of appeal was filed more than four years after sentence was
    imposed. Therefore, the appeal was not timely perfected, and we lack jurisdiction.
    Second, in a plea bargain case—that is, a case in which a defendant’s plea was
    guilty or nolo contendere and the punishment did not exceed the punishment
    recommended by the prosecutor and agreed to by the defendant—a defendant may
    appeal only matters raised by a written, pretrial motion or with the trial court’s
    permission. Tex. R. App. P. 25.2(a)(2).
    Appellant’s punishment does not exceed the agreed length of confinement.
    The record does not contain any appealable pretrial rulings, and the trial court did
    not grant appellant permission to appeal.
    Accordingly, we DISMISS the appeal.
    PER CURIAM
    Panel consists of Justices Boyce, Christopher, and Jewell.
    Do Not Publish — Tex. R. App. P. 47.2(b).
    2
    

Document Info

Docket Number: 14-18-01034-CR

Filed Date: 12/18/2018

Precedential Status: Precedential

Modified Date: 12/19/2018