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Perez v. State

State of Texas in the Fourteenth Court of Appeals
Sep 18, 2014
NO. 14-14-00281-CR (Tex. App. Sep. 18, 2014)

Opinion

NO. 14-14-00281-CR

09-18-2014

MACEDONIO PEREZ, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 300th District Court Brazoria County, Texas
Trial Court Cause No. 69127

MEMORANDUM OPINION

After a jury trial, appellant was convicted of the offense of intoxication manslaughter and sentenced to six years' confinement on February 21, 2014. No timely motion for new trial was filed. Appellant's notice of appeal was not filed until April 7, 2014.

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.

Accordingly, the appeal is ordered dismissed.

PER CURIAM Panel consists of Chief Justice Frost and Justices Christopher and Busby.
Do Not Publish — Tex. R. App. P. 47.2(b).


Summaries of

Perez v. State

State of Texas in the Fourteenth Court of Appeals
Sep 18, 2014
NO. 14-14-00281-CR (Tex. App. Sep. 18, 2014)
Case details for

Perez v. State

Case Details

Full title:MACEDONIO PEREZ, Appellant v. THE STATE OF TEXAS, Appellee

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Sep 18, 2014

Citations

NO. 14-14-00281-CR (Tex. App. Sep. 18, 2014)