Opinion
NO. 14-20-00067-CR
09-01-2020
AJALON BAKER, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 174th District Court Harris County, Texas
Trial Court Cause No. 1444916
MEMORANDUM OPINION
After a plea of guilty pursuant to a plea bargain, appellant was convicted of the offense of robbery and sentenced to prison for three years on January 6, 2015. No timely motion for new trial was filed. Therefore, appellant's notice of appeal was due by February 5, 2020. See Tex. R. App. P. 26.2(a)(1). On January 13, 2020, appellant filed a pro se notice of appeal expressing his desire to appeal this conviction.
A court of appeals may grant an extension of time if, within 15 days after the deadline for filing the notice of appeal, the party files (a) the notice of appeal in the trial court, and (b) a motion for extension of time in the court of appeals. See Tex. R. App. P. 26.3; see also Tex. R. App. P. 10.5(b)(2) (governing motion for extension of time to file notice of appeal). Appellant's notice of appeal was not filed within 15 days of the due date.
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. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). When a notice of appeal is not filed within the 15-day period, the court of appeals can take no action other than to dismiss the appeal for lack of jurisdiction. See id.
On January 29, 2020, the parties were notified that the appeal would be dismissed for lack of jurisdiction unless a party demonstrated that the court has jurisdiction. No response has been received.
We dismiss the appeal.
PER CURIAM Panel consists of Chief Justice Frost and Justices Wise and Bourliot. Do Not Publish — Tex. R. App. P. 47.2(b).