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Hemphill v. State

State of Texas in the Fourteenth Court of Appeals
Jan 12, 2016
NO. 14-15-01056-CR (Tex. App. Jan. 12, 2016)

Opinion

NO. 14-15-01056-CR

01-12-2016

SHEDRICK HEMPHILL, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 248th District Court Harris County, Texas
Trial Court Cause No. 1453807

MEMORANDUM OPINION

After a plea of guilty, appellant was convicted of the offense of impersonating a public servant, namely, a peace officer and sentenced to confinement for five years in the Institutional Division of the Texas Department of Criminal Justice on October 12, 2015. No motion for new trial was filed. Appellant's pro se notice of appeal was not filed until December 2, 2015.

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 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 Justices Jamison, Donovan and Brown.
Do Not Publish — Tex. R. App. P. 47.2(b).


Summaries of

Hemphill v. State

State of Texas in the Fourteenth Court of Appeals
Jan 12, 2016
NO. 14-15-01056-CR (Tex. App. Jan. 12, 2016)
Case details for

Hemphill v. State

Case Details

Full title:SHEDRICK HEMPHILL, Appellant v. THE STATE OF TEXAS, Appellee

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Jan 12, 2016

Citations

NO. 14-15-01056-CR (Tex. App. Jan. 12, 2016)