Winston Edward Gonzales v. the State of Texas

Dismissed and Memorandum Opinion filed November 5, 2024

In The

Fourteenth Court of Appeals

NO. 14-24-00685-CR

WINSTON EDWARD GONZALES, Appellant
V.
THE STATE OF TEXAS, Appellee

On Appeal from the 228th District Court
Harris County, Texas
Trial Court Cause No. 1765962

MEMORANDUM OPINION

Under a plea-bargain agreement with the State, appellant pleaded guilty to
aggravated assault and was sentenced to 10 years’ imprisonment on June 5, 2024.
He filed a notice of appeal on September 10, 2024.

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 Texas Rule
of Appellate Procedure 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.

We lack jurisdiction because appellant’s notice of appeal was filed more
than 30 days after the sentence was imposed. Further, we lack jurisdiction because
this is a plea-bargain case in which appellant’s punishment does not exceed the
agreed length of confinement, the clerk’s record does not contain any appealable
pretrial rulings, and the trial court did not grant appellant permission to appeal.
Tex. R. App. P. 25.2(a)(2).

On September 23, 2024, we notified the parties of our intent to dismiss this
appeal unless appellant demonstrated, within 21 days, that the court has
jurisdiction. Appellant’s response does not demonstrate that this court has
jurisdiction. On October 18, 2024, the State filed a motion to dismiss. That motion
is dismissed as moot.

The appeal is dismissed.

PER CURIAM

Panel consists of Justices Wise, Jewell, and Poissant.
Do Not Publish — Tex. R. App. P. 47.2(b)

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