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Guillory v. State

State of Texas in the Fourteenth Court of Appeals
May 8, 2014
NO. 14-14-00326-CR (Tex. App. May. 8, 2014)

Opinion

NO. 14-14-00326-CR

05-08-2014

DIAMOND RENEE GUILLORY, Appellant v. THE STATE OF TEXAS, Appellee


Dismissed and Memorandum Opinion filed May 8, 2014.

On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Cause No. 1280013


MEMORANDUM OPINION

On October 18, 2010, the trial court signed an order of deferred adjudication on appellant's guilty plea to the offense of aggravated assault of a family member. The State subsequently filed a motion to adjudicate appellant's guilt, and on March 7, 2014, the trial court adjudicated appellant's guilt and sentenced appellant to confinement for four years in the Institutional Division of the Texas Department of Criminal Justice. No timely motion for new trial was filed. Appellant's notice of appeal was not filed until April 16, 2014.

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.

PER CURIAM

Panel consists of Chief Justice Frost and Justices Donovan and Brown. Do Not Publish — Tex. R. App. P. 47.2(b).


Summaries of

Guillory v. State

State of Texas in the Fourteenth Court of Appeals
May 8, 2014
NO. 14-14-00326-CR (Tex. App. May. 8, 2014)
Case details for

Guillory v. State

Case Details

Full title:DIAMOND RENEE GUILLORY, Appellant v. THE STATE OF TEXAS, Appellee

Court:State of Texas in the Fourteenth Court of Appeals

Date published: May 8, 2014

Citations

NO. 14-14-00326-CR (Tex. App. May. 8, 2014)