Brandy Lee Morris v. The State of Texas--Appeal from 54th District Court of McLennan County

State: Texas

Court: Texas Northern District Court

Docket No: 10-01-00302-CR

Case Date: 10/24/2001

Plaintiff: Brandy Lee Morris

Defendant: The State of Texas--Appeal from 54th District Court of McLennan County

Preview:Brandy Lee Morris v. The State of Texas--Appeal from 54th District Court of McLennan County
Brandy Lee Morris v. State /**/ IN THE TENTH COURT OF APPEALS

No. 10-01-302-CR

BRANDY LEE MORRIS, Appellant v.

THE STATE OF TEXAS, Appellee

From the 54th District Court McLennan County, Texas Trial Court # 1999-894-C MEMORANDUM OPINION Brandy Morris pled guilty to aggravated sexual assault and was sentenced to twenty years imprisonment. Morris was sentenced on June 15, 2000. As part of the plea agreement, Morris waived his right to appeal. On July 6, 2001, Morris filed a letter with the District Clerk in which he requested DNA testing under Chapter 64 of the Code of Criminal Procedure. The clerk informed Morris that his request would have to be directed to the court in the form of a motion. The record does not contain a motion regarding DNA testing. On September 21, 2001, Morris filed a notice of appeal in which he asserts that his sentence was excessive, counsel misrepresented his rights, and counsel failed to file any motions on his behalf. We dismiss this cause for want of jurisdiction. According to the Rules of Appellate Procedure, a notice of appeal for a criminal case must be filed: (1) within 30 days after the day sentence is imposed or suspended in open court, or after the day the trial court enters an appealable order . . . .

Tex. R. App. P. 26.2(a)(1). Morris notice of appeal was filed over a year after sentence was imposed.

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A notice of appeal which complies with the requirements of Rule 26 is essential to vest a court of appeals with jurisdiction. Fowler v. State, 16 S.W.3d 426, 428 (Tex. App. Waco 2000, pet. ref d) (citing Slaton v. State, 981 S.W.2d 208, 209 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996)). If an appeal is not timely perfected, a court of appeals does not obtain jurisdiction to address the merits of the appeal and can take no action other than to dismiss the appeal. Id. Thus, because Morris notice of appeal was untimely according to Rule 26, we are without jurisdiction to consider the merits of his appeal. Id. The appeal is dismissed for want of jurisdiction.

PER CURIAM

Before Chief Justice Davis, Justice Vance, and Justice Gray Appeal dismissed Opinion delivered and filed October 24, 2001 Do not publish [CR25]

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