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Blue v. State

Court of Appeals of Texas, Fourteenth District, Houston
Aug 26, 2004
No. 14-04-00752-CR (Tex. App. Aug. 26, 2004)

Opinion

No. 14-04-00752-CR

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 DO NOT PUBLISH.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

On Appeal from the 263rd District Court, Harris County, Texas, Trial Court Cause No. 921,393. Dismissed.

Panel consists of Justices ANDERSON, HUDSON, and FROST.


MEMORANDUM OPINION


After a jury trial, appellant was convicted of the offense of evading arrest with a motor vehicle and sentenced on June 16, 2003, to 25 years' incarceration in the Texas Department of Criminal Justice, Institutional Division. No timely motion for new trial was filed. Appellant's notice of appeal was not filed until July 15, 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

Blue v. State

Court of Appeals of Texas, Fourteenth District, Houston
Aug 26, 2004
No. 14-04-00752-CR (Tex. App. Aug. 26, 2004)
Case details for

Blue v. State

Case Details

Full title:BENJAMIN LEON BLUE, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Aug 26, 2004

Citations

No. 14-04-00752-CR (Tex. App. Aug. 26, 2004)