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Thomas v. State

Court of Appeals of Texas, Fourteenth District, Houston
Feb 10, 2011
No. 14-11-00071-CR (Tex. App. Feb. 10, 2011)

Opinion

No. 14-11-00071-CR

Opinion filed February 10, 2011. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).

On Appeal from the 179th District Court Harris County, Texas, Trial Court Cause No. 1061841.

Panel consists of Justices BROWN, BOYCE, and JAMISON.


MEMORANDUM OPINION


After a plea of guilty, appellant was convicted of the offense of intoxication manslaughter and sentenced to 15 years in prison on January 9, 2007. Appellant's pro se notice of appeal was not filed until January 21, 2011. 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

Thomas v. State

Court of Appeals of Texas, Fourteenth District, Houston
Feb 10, 2011
No. 14-11-00071-CR (Tex. App. Feb. 10, 2011)
Case details for

Thomas v. State

Case Details

Full title:RODNEY D. THOMAS, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Feb 10, 2011

Citations

No. 14-11-00071-CR (Tex. App. Feb. 10, 2011)