Alberto Celarie v. State ( 2017 )


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  • Dismissed and Memorandum Opinion filed October 24, 2017.
    In The
    Fourteenth Court of Appeals
    NO. 14-17-00778-CR
    ALBERTO CELARIE, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the 263rd District Court
    Harris County, Texas
    Trial Court Cause No. 1504399
    MEMORANDUM                       OPINION
    Appellant entered a guilty plea to the offense of aggravated robbery with a
    deadly weapon. In accordance with the terms of a plea bargain, on July 11, 2017, the
    trial court sentenced appellant to confinement for twenty years in the Institutional
    Division of the Texas Department of Criminal Justice. No timely motion for new
    trial was filed. Appellant’s notice of appeal was not filed until August 21, 2017.
    A defendant’s notice of appeal must be filed within 30 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 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. In addition,
    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). The record supports
    the trial court’s certification. See Dears v. State, 
    154 S.W.3d 610
    , 615 (Tex. Crim.
    App. 2005).
    Accordingly, the appeal is ordered dismissed.
    PER CURIAM
    Panel consists of Justices Christopher, Brown, and Wise.
    Do Not Publish — Tex. R. App. P. 47.2(b).
    2
    

Document Info

Docket Number: 14-17-00778-CR

Filed Date: 10/24/2017

Precedential Status: Precedential

Modified Date: 10/30/2017