Castle, Damond J. v. State ( 2004 )

Dismissed and Memorandum Opinion filed December 9, 2004

Dismissed and Memorandum Opinion filed December 9, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-04-01120-CR

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DAMOND J. CASTLE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 179th District Court

Harris County, Texas

Trial Court Cause No. 927,428

M E M O R A N D U M   O P I N I O N

After a plea of guilty to the offense of aggravated assault of a family member, appellant was placed on deferred adjudication community service for eight years.  The State subsequently moved to adjudicate. Appellant pled true to the stipulations of evidence and appellant was convicted on August 25, 2004, of the offense of aggravated assault of a family member and sentenced to four years in the Texas Department of Criminal Justice, Institutional Division.  No timely motion for new trial was filed.  Appellant=s notice of appeal was not filed until November 15, 2004.

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 December 9, 2004.

Panel consists of Justices Anderson, Hudson, and Frost.

Do Not Publish C Tex.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