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Stokes v. State

State of Texas in the Fourteenth Court of Appeals
Aug 30, 2018
NO. 14-18-00694-CR (Tex. App. Aug. 30, 2018)

Opinion

NO. 14-18-00694-CR

08-30-2018

BRODERICK RECHARD STOKES, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 337th District Court Harris County, Texas
Trial Court Cause No. 1159870

MEMORANDUM OPINION

Appellant Broderick Rechard Stokes pleaded guilty to theft. The trial court sentenced him on May 21, 2008, to 300 days' confinement in state jail. Appellant filed a notice of appeal from the judgment on July 27, 2018.

We lack jurisdiction over this appeal because the notice of appeal was not filed timely. 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 26.2 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 was filed more than ten years after the sentence was imposed. Therefore, the appeal was not timely perfected.

Accordingly, we DISMISS the appeal.

PER CURIAM Panel consists of Justices Donovan, Wise, and Jewell.
Do Not Publish — Tex. R. App. P. 47.2(b).


Summaries of

Stokes v. State

State of Texas in the Fourteenth Court of Appeals
Aug 30, 2018
NO. 14-18-00694-CR (Tex. App. Aug. 30, 2018)
Case details for

Stokes v. State

Case Details

Full title:BRODERICK RECHARD STOKES, Appellant v. THE STATE OF TEXAS, Appellee

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Aug 30, 2018

Citations

NO. 14-18-00694-CR (Tex. App. Aug. 30, 2018)