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Mueller v. State

Court of Appeals of Texas, Fourteenth District
Sep 9, 2021
No. 14-21-00433-CR (Tex. App. Sep. 9, 2021)

Opinion

14-21-00433-CR

09-09-2021

DERIN KEITH MUELLER, Appellant v. THE STATE OF TEXAS, Appellee


Do Not Publish - Tex.R.App.P. 47.2(b).

On Appeal from the 149th District Court Brazoria County, Texas Trial Court Cause No. 73524

Panel consists of Justices Jewell, Spain, and Wilson.

MEMORANDUM OPINION

PER CURIAM

Appellant was adjudicated guilty of indecency with a child by contact and sentenced to prison for eight years on August 13, 2015. Appellant filed a notice of appeal on July 30, 2021. The notice is not timely filed. See Tex. R. App. P. 26.2(a).

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). When a notice of appeal is not timely filed, the court of appeals can take no action other than to dismiss the appeal for lack of jurisdiction.

On August 12, 2021, the parties were notified that the appeal would be dismissed for lack of jurisdiction unless a party demonstrated that the court has jurisdiction. Appellant's response does not demonstrate this court's jurisdiction.

The appeal is dismissed for want of jurisdiction and appellant's request to extend the time to file the reporter's record is dismissed as moot. See Tex. R. App. P. 35.5(b) (reporter's duty to file record).


Summaries of

Mueller v. State

Court of Appeals of Texas, Fourteenth District
Sep 9, 2021
No. 14-21-00433-CR (Tex. App. Sep. 9, 2021)
Case details for

Mueller v. State

Case Details

Full title:DERIN KEITH MUELLER, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fourteenth District

Date published: Sep 9, 2021

Citations

No. 14-21-00433-CR (Tex. App. Sep. 9, 2021)