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Valier v. State

Court of Appeals Fifth District of Texas at Dallas
May 4, 2021
NO. 01-21-00050-CR (Tex. App. May. 4, 2021)

Opinion

NO. 01-21-00050-CR

05-04-2021

NKRUMAH LUMUMBA VALIER, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 184th District Court Harris County, Texas
Trial Court Case No. 1030025

MEMORANDUM OPINION

Nkrumah Lumumba Valier, incarcerated and acting pro se, appeals his plea agreement entered into in connection with a 2006 conviction for aggravated sexual assault, a second-degree felony.

Valier's December 14, 2020 notice of appeal from his 2006 conviction is untimely. See TEX. R. APP. P. 25.2, 26.2. "A timely notice of appeal is necessary to invoke a court of appeals' jurisdiction." Olivo v. State, 918 S.W.2d 519, 526 (Tex. Crim. App. 1996). Given that Valier's notice of appeal was not timely, we must dismiss the appeal for lack of jurisdiction. See id. at 526 (affirming dismissal of appeal for lack of jurisdiction because notice of appeal untimely); Rodarte v. State, 860 S.W.2d 108, 110 (Tex. Crim. App. 1993) (same).

We dismiss the appeal for lack of jurisdiction. TEX. R. APP. P. 43(f). We dismiss all pending motions as moot.

PER CURIAM Panel consists of Justices Countiss, Rivas-Molloy, and Guerra. Do not publish. TEX. R. APP. P. 47.2(b).

See TEX. PENAL CODE § 22.021.


Summaries of

Valier v. State

Court of Appeals Fifth District of Texas at Dallas
May 4, 2021
NO. 01-21-00050-CR (Tex. App. May. 4, 2021)
Case details for

Valier v. State

Case Details

Full title:NKRUMAH LUMUMBA VALIER, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: May 4, 2021

Citations

NO. 01-21-00050-CR (Tex. App. May. 4, 2021)