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Hill v. State

State of Texas in the Fourteenth Court of Appeals
May 9, 2013
NO. 14-13-00338-CR (Tex. App. May. 9, 2013)

Opinion

NO. 14-13-00338-CR

05-09-2013

JOSEPH W. HILL, Appellant v. THE STATE OF TEXAS, Appellee


Dismissed and Memorandum Opinion filed May 9, 2013.

On Appeal from the 179th District Court

Harris County, Texas

Trial Court Cause No. 1327618


MEMORANDUM OPINION

After a plea of guilty, appellant was convicted of the offense of aggravated robbery and sentenced to thirty years' confinement on August 2, 2012. No timely motion for new trial was filed. Appellant's notice of appeal was not filed until April 4, 2013.

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 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). Appellant filed a pro se "out-of-time" notice of appeal and a request for out-of-time appeal with the trial court. If appellant is seeking an out-of-time appeal from his felony conviction, he must file his application for writ of habeas corpus with the Texas Court of Criminal Appeals. See Reyes v. State, 883 S.W.2d 291, 293 n. 2 (Tex. App.—El Paso 1994, no pet.).

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 Brown, Christopher, and McCally. Do Not Publish — Tex. R. App. P. 47.2(b).


Summaries of

Hill v. State

State of Texas in the Fourteenth Court of Appeals
May 9, 2013
NO. 14-13-00338-CR (Tex. App. May. 9, 2013)
Case details for

Hill v. State

Case Details

Full title:JOSEPH W. HILL, Appellant v. THE STATE OF TEXAS, Appellee

Court:State of Texas in the Fourteenth Court of Appeals

Date published: May 9, 2013

Citations

NO. 14-13-00338-CR (Tex. App. May. 9, 2013)

Citing Cases

Hill v. Davis

On May 9, 2013, Texas' Fourteenth Court of Appeals dismissed Hill's appeal for failure to file a timely…