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Haynes v. State

Court of Appeals of Texas, Fourteenth District, Houston
Aug 26, 2004
No. 14-04-00753-CR (Tex. App. Aug. 26, 2004)

Opinion

No. 14-04-00753-CR

Memorandum Opinion filed August 26, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 248th District Court, Harris County, Texas, Trial Court Cause No. 963,735. Dismissed.

Panel consists of Justices YATES, EDELMAN, and GUZMAN.


MEMORANDUM OPINION


On June 15, 2004, the trial court revoked appellant's deferred adjudication for the offense of false statement to obtain credit and sentenced appellant to eight years' imprisonment. No motion for new trial was filed. Appellant's notice of appeal was not filed until August 3, 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.


Summaries of

Haynes v. State

Court of Appeals of Texas, Fourteenth District, Houston
Aug 26, 2004
No. 14-04-00753-CR (Tex. App. Aug. 26, 2004)
Case details for

Haynes v. State

Case Details

Full title:MARLIN DORCELL HAYNES, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Aug 26, 2004

Citations

No. 14-04-00753-CR (Tex. App. Aug. 26, 2004)