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Gaines v. State

State of Texas in the Fourteenth Court of Appeals
Jan 23, 2020
NO. 14-20-00014-CR (Tex. App. Jan. 23, 2020)

Opinion

NO. 14-20-00014-CR NO. 14-20-00015-CR

01-23-2020

BRANDON GAINES, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 338th District Court Harris County, Texas
Trial Court Cause Nos. 1496079 and 1496081

MEMORANDUM OPINION

Appellant Brandon Gaines was convicted of unauthorized use of a vehicle and aggravated sexual assault and evading arrest or detention with a previous conviction. He was sentenced for each conviction on January 25, 2016. Appellant filed a notice of appeal from each judgment of conviction on December 18, 2019.

A defendant's notice of appeal must be filed within 30 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 that complies with the requirements of Texas Rule of Appellate Procedure 26.2 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. Appellant's notice of appeal in each case was filed more than 30 days after sentence was imposed.

We dismiss the appeals for lack of jurisdiction.

PER CURIAM Panel consists of Chief Justice Frost and Justices Christopher and Bourliot. Do Not Publish — Tex. R. App. P. 47.2(b).


Summaries of

Gaines v. State

State of Texas in the Fourteenth Court of Appeals
Jan 23, 2020
NO. 14-20-00014-CR (Tex. App. Jan. 23, 2020)
Case details for

Gaines v. State

Case Details

Full title:BRANDON GAINES, Appellant v. THE STATE OF TEXAS, Appellee

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Jan 23, 2020

Citations

NO. 14-20-00014-CR (Tex. App. Jan. 23, 2020)