From Casetext: Smarter Legal Research

Matthews v. State

Court of Appeals of Texas, Fourteenth District, Houston
Jun 12, 2003
No. 14-03-00617-CR (Tex. App. Jun. 12, 2003)

Opinion

No. 14-03-00617-CR

Opinion filed June 12, 2003. Do Not Publish — Tex.R.App.P. 47.2(b).

On Appeal from the 405th District Court, Galveston County, Texas, Trial Court Cause No. 02CR1159

Panel consists of Justices ANDERSON, SEYMORE, and GUZMAN.


MEMORANDUM OPINION


After a jury trial, appellant was convicted of the offense of aggravated assault with a deadly weapon and sentenced on March 14, 2003, to five years' incarceration in the Texas Department of Criminal Justice, Institutional Division. Appellant's notice of appeal was not filed until April 17, 2003. 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 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.


Summaries of

Matthews v. State

Court of Appeals of Texas, Fourteenth District, Houston
Jun 12, 2003
No. 14-03-00617-CR (Tex. App. Jun. 12, 2003)
Case details for

Matthews v. State

Case Details

Full title:SHANE JERMAINE MATTHEWS, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Jun 12, 2003

Citations

No. 14-03-00617-CR (Tex. App. Jun. 12, 2003)