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Osuagwu v. State

Court of Appeals of Texas, Fourteenth District, Houston
May 15, 2008
No. 14-08-00292-CR (Tex. App. May. 15, 2008)

Opinion

No. 14-08-00292-CR

Opinion filed May 15, 2008. DO NOT PUBLISH — TEX. R. APP. P. 47.2(b).

On Appeal from the County Court at Law No. 1 Fort Bend County, Texas, Trial Court Cause No. 126673.

Panel consists of Chief Justice HEDGES and Justices ANDERSON and BOYCE.


MEMORANDUM OPINION


After a jury trial, appellant was convicted of possession of marijuana, and on October 22, 2007, the court sentenced appellant to confinement in jail for 90 days. No timely motion for new trial was filed. Appellant's notice of appeal was not filed until April 2, 2008. 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). 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. Appellant's notice of appeal is untimely. Accordingly, the appeal is ordered dismissed.

The record contains appellant's request for an out-of-time appeal. The record does not contain an order granting the request, and this court lacks the power to consider a request for an out-of-time appeal, which must be brought by an application for writ of habeas corpus. See generally Rodriguez v. Court of Appeals, Eighth Supreme Judicial Dist., 769 S.W.2d 554, 556-59 (Tex.Crim.App. 1989).


Summaries of

Osuagwu v. State

Court of Appeals of Texas, Fourteenth District, Houston
May 15, 2008
No. 14-08-00292-CR (Tex. App. May. 15, 2008)
Case details for

Osuagwu v. State

Case Details

Full title:MACDONALD OKECHUKWU OSUAGWU, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: May 15, 2008

Citations

No. 14-08-00292-CR (Tex. App. May. 15, 2008)

Citing Cases

Ex Parte Osuagwu

Appellant's notice of appeal was not filed until April 2, 2008. Therefore, on May 15, 2008, this Court…