Ronald Darnell Cephus v. State ( 2014 )


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  • Dismissed and Memorandum Opinion filed February 6, 2014.
    In The
    Fourteenth Court of Appeals
    NOS. 14-14-00001-CR &
    14-14-00002-CR
    RONALD DARNELL CEPHUS, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the 232nd District Court
    Harris County, Texas
    Trial Court Cause Nos. 998670 & 1009435
    MEMORANDUM                         OPINION
    Appellant, a pro se inmate incarcerated in the Institutional Division of the
    Texas Department of Criminal Justice, filed a notice of appeal on November 25,
    2013, in an attempt to appeal an order signed by the trial court on October 3, 2013,
    denying his pro se motions related to cause numbers 998670 and 1009435 in the
    232nd District Court in Harris County. Appellant’s notice of appeal is untimely,
    and we dismiss the appeal for want of jurisdiction.
    Appellant’s notice of appeal was filed more than thirty days after the trial
    court’s order was signed. A defendant’s notice of appeal must be filed within thirty
    days after an appealable order is signed. See Tex. R. App. P. 26.2(a)(1). A notice of
    appeal which 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, and it can take no action other than
    to dismiss the appeal. 
    Id. Accordingly, the
    appeals are ordered dismissed.1
    PER CURIAM
    Panel consists of Chief Justice Frost and Justices Jamison and Wise.
    Do Not Publish — Tex. R. App. P. 47.2(b).
    1
    Appellant previously filed a civil proceeding seeking to expunge the records in cause numbers
    998670 and 1009435. This court affirmed the denial of appellant’s petition for expunction of
    these records. See Ex parte Cephus, 
    410 S.W.3d 416
    (Tex. App.—Houston [14th Dist.] 2013, no
    pet.). After our opinion issued, appellant filed motions in the criminal district court in which he
    appears to seek the same relief. Appellant also filed a petition for writ of mandamus related to
    those cause numbers, which was denied. See In re Cephus, Nos. 14-13-01060-CR, 14-13-01061-
    CR, (Tex. App.—Houston [14th Dist.] Dec. 12, 2013, orig. proceeding) (not designated for
    publication).
    2
    

Document Info

Docket Number: 14-14-00001-CR

Filed Date: 2/6/2014

Precedential Status: Precedential

Modified Date: 9/22/2015