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Mathis v. State

State of Texas in the Fourteenth Court of Appeals
Apr 7, 2015
NO. 14-15-00222-CR (Tex. App. Apr. 7, 2015)

Opinion

NO. 14-15-00222-CR

04-07-2015

CLARENCE HENRY MATHIS, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 180th District Court Harris County, Texas
Trial Court Cause No. 1072790

MEMORANDUM OPINION

Appellant's motion for DNA testing was denied January 16, 2015. No motion for new trial was filed. Appellant's notice of appeal was not filed until February 23, 2015.

A defendant's notice of appeal must be filed within thirty days after the day the trial court enters an appealable order when the defendant has not filed a motion for new trial. See Tex. R. App. P. 26.2(a)(1). Although we may grant an extension of time to file a notice of appeal, it must be filed in the trial court within fifteen days after the deadline for filing the notice of appeal and, within that same fifteen-day period, the party must file an extension motion in the appellate court. See Tex. R. A pp. P. 26.3(a), (b). Otherwise, we do not have authority to grant an extension of time to file the notice of appeal. See Olivo v. State, 918 S.W.2d 519, 522-4 (Tex. Crim. App. 1996).

No motion for extension of time was filed. 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 Christopher, Donovan and Wise. Do Not Publish — Tex. R. App. P. 47.2(b).


Summaries of

Mathis v. State

State of Texas in the Fourteenth Court of Appeals
Apr 7, 2015
NO. 14-15-00222-CR (Tex. App. Apr. 7, 2015)
Case details for

Mathis v. State

Case Details

Full title:CLARENCE HENRY MATHIS, Appellant v. THE STATE OF TEXAS, Appellee

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Apr 7, 2015

Citations

NO. 14-15-00222-CR (Tex. App. Apr. 7, 2015)