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Hicks v. State

State of Texas in the Fourteenth Court of Appeals
Jul 10, 2018
NO. 14-18-00492-CR (Tex. App. Jul. 10, 2018)

Opinion

NO. 14-18-00492-CR

07-10-2018

COURTNEY LEE HICKS, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 179th District Court Harris County, Texas
Trial Court Cause No. 1520060

MEMORANDUM OPINION

After a plea of guilty, adjudication of guilt was deferred and appellant was placed on community supervision on April 21, 2017. No timely motion for new trial was filed. Appellant's notice of appeal was not filed until February 13, 2018.

Appellant's notice of appeal indicates it was signed January 17, 2018. Even if we were to utilize this date as the date of filing, the notice of appeal would be untimely.

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 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 dismissed.

PER CURIAM Panel consists of Justices Jamison, Wise, and Jewell.
Do Not Publish — Tex. R. App. P. 47.2(b).


Summaries of

Hicks v. State

State of Texas in the Fourteenth Court of Appeals
Jul 10, 2018
NO. 14-18-00492-CR (Tex. App. Jul. 10, 2018)
Case details for

Hicks v. State

Case Details

Full title:COURTNEY LEE HICKS, Appellant v. THE STATE OF TEXAS, Appellee

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Jul 10, 2018

Citations

NO. 14-18-00492-CR (Tex. App. Jul. 10, 2018)