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Elkhafage v. State

Court of Appeals of Texas, Fourteenth District, Houston
Nov 9, 2006
No. 14-06-00802-CR (Tex. App. Nov. 9, 2006)

Opinion

No. 14-06-00802-CR

Opinion filed November 9, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 263rd District Court, Harris County, Texas, Trial Court Cause No. 1032703. Dismissed.

Panel consists of Chief Justice HEDGES and Justices YATES and SEYMORE.


MEMORANDUM OPINION


After a plea of guilty, appellant was convicted of aggravated robbery. On June 22, 2006, the trial court sentenced appellant to confinement for ten years in the Institutional Division of the Texas Department of Criminal Justice. No timely motion for new trial was filed. Appellant's pro se notice of appeal was not filed until September 5, 2006. 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.

In his notice of appeal, appellant seeks leave to file an out-of-time appeal. This court may not grant that request, and appellant must seek relief from the Court of Criminal Appeals.


Summaries of

Elkhafage v. State

Court of Appeals of Texas, Fourteenth District, Houston
Nov 9, 2006
No. 14-06-00802-CR (Tex. App. Nov. 9, 2006)
Case details for

Elkhafage v. State

Case Details

Full title:DIAA ELKHAFAGE, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Nov 9, 2006

Citations

No. 14-06-00802-CR (Tex. App. Nov. 9, 2006)