Brandon Wayne Green v. State ( 2012 )


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  • Dismissed and Memorandum Opinion filed November 15, 2012.
    In The
    Fourteenth Court of Appeals
    NO. 14-12-00997-CR
    NO. 14-12-00998-CR
    BRANDON WAYNE GREEN, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the 263rd District Court
    Harris County, Texas
    Trial Court Cause Nos. 1328996 & 1332954
    MEMORANDUM OPINION
    Appellant entered a plea of guilty to theft of between $1,500 and $20,000 in cause
    number 1328996. He also entered a plea of guilty to possession of less than one gram of
    methamphetamine in cause number 1332954. On February 3, 2012, the trial court
    deferred a finding of guilt in each case and placed appellant on community supervision
    for three years. The State later moved to adjudicate appellant’s guilt in both cases,
    alleging that he violated the terms of his community supervision. Appellant plead true to
    the allegations in the motions. On July 18, 2012, the trial court adjudicated appellant’s
    guilt in both cases, sentenced him to confinement for eighteen months in the State Jail
    Division of the Texas Department of Criminal Justice in each case, with the sentences to
    be served concurrently, and assessed a $250 fine in the theft case. No motion for new trial
    was filed in either case. On October 15, 2012, appellant filed a pro se notice of appeal
    dated October 12, 2012, in each case. Appellant’s notices of appeal were not timely filed.
    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, and it can take no action other
    than to dismiss the appeal. 
    Id. Accordingly, the
    appeals are ordered dismissed.
    PER CURIAM
    Panel consists of Justices Seymore, Boyce, and McCally.
    Do Not Publish — Tex. R. App. P. 47.2(b).
    2
    

Document Info

Docket Number: 14-12-00998-CR

Filed Date: 11/15/2012

Precedential Status: Precedential

Modified Date: 9/23/2015