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Jones v. State

State of Texas in the Fourteenth Court of Appeals
Oct 20, 2020
NO. 14-20-00570-CR (Tex. App. Oct. 20, 2020)

Opinion

NO. 14-20-00570-CR

10-20-2020

LAMON JONES, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 176th District Court Harris County, Texas
Trial Court Cause No. 1397267

MEMORANDUM OPINION

Appellant was convicted of aggravated assault against a family member and sentenced to eight years' confinement on October 24, 2019. No motion for new trial was filed. Therefore, appellant's notice of appeal was due by November 25, 2019. See Tex. R. App. P. 26.2(a)(1) (notice of appeal must be filed within 30 days after day sentence was imposed); 4.1(a) (computing time).

A court of appeals may grant an extension of time if, within 15 days after the deadline for filing the notice of appeal, the party files (a) a notice of appeal in the trial court and (b) a motion to extend time in the court of appeals. See Tex. R. App. P. 26.3; see also Tex. R. App. P. 10.5(b)(2) (governing motion to extend time to file notice of appeal). The fifteenth day after November 25, 2019, was December 10, 2019. Appellant filed his notice of appeal on August 13, 2020.

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. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (interpreting former 1986 Texas Rule of Appellate Procedure Rule 41(b)(1)). When a notice of appeal is not filed within the 15-day period, the court of appeals can take no action other than to dismiss the appeal for lack of jurisdiction. See id.

On August 27, 2020, the parties were notified that the appeal would be dismissed for lack of jurisdiction unless a party demonstrated that the court has jurisdiction. No response has been received.

Accordingly, the appeal is dismissed for lack of jurisdiction.

PER CURIAM Panel consists of Justices Spain, Hassan, and Poissant. Do Not Publish — Tex. R. App. P. 47.2(b).


Summaries of

Jones v. State

State of Texas in the Fourteenth Court of Appeals
Oct 20, 2020
NO. 14-20-00570-CR (Tex. App. Oct. 20, 2020)
Case details for

Jones v. State

Case Details

Full title:LAMON JONES, Appellant v. THE STATE OF TEXAS, Appellee

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Oct 20, 2020

Citations

NO. 14-20-00570-CR (Tex. App. Oct. 20, 2020)