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Henderson v. State

Court of Appeals of Texas, Fourteenth District, Houston
Nov 6, 2008
No. 14-08-00255-CR (Tex. App. Nov. 6, 2008)

Opinion

No. 14-08-00255-CR

Opinion filed November 6, 2008. DO NOT PUBLISH — TEX. R. APP. P. 47.2(b).

On Appeal from the 263rd District Court Harris County, Texas, Trial Court Cause No. 763936.

Panel consists of Chief Justice HEDGES, Justices ANDERSON and FROST.


MEMORANDUM OPINION


This attempted appeal is from the trial court's denial of appellant's motion for DNA testing. The trial court denied the motion on January 3, 2008. No motion for new trial was filed. Appellant's notice of appeal was not filed until March 5, 2008. A defendant's notice of appeal must be filed within thirty days after the day the trial court enters an appealable order. See TEX. R. APP. P. 26.2(a)(1). A notice of appeal that 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

Henderson v. State

Court of Appeals of Texas, Fourteenth District, Houston
Nov 6, 2008
No. 14-08-00255-CR (Tex. App. Nov. 6, 2008)
Case details for

Henderson v. State

Case Details

Full title:LEROY HENDERSON, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Nov 6, 2008

Citations

No. 14-08-00255-CR (Tex. App. Nov. 6, 2008)