Ikechukwu Chris Obudulu v. State ( 2018 )


Menu:
  • Motion Granted; Appeal Dismissed and Memorandum Opinion filed December
    18, 2018.
    In The
    Fourteenth Court of Appeals
    NO. 14-18-01021-CR
    IKECHUKWU CHRIS OBUDULU, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the 23rd District Court
    Brazoria County, Texas
    Trial Court Cause No. 65035-B
    MEMORANDUM                     OPINION
    Appellant attempts to appeal the denial of his application for writ of habeas
    corpus. The trial court signed an order denying appellant’s application on June 20,
    2018. Appellant’s notice of appeal was due July 20, 2018, but not filed until
    November 26, 2018.
    A defendant’s notice of appeal must be filed within 30 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 Texas Rule
    of Appellate Procedure 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.
    On November 30, 2018, the State filed a motion to dismiss the appeal for lack
    of jurisdiction. The motion is granted, and the appeal is ordered dismissed.
    PER CURIAM
    Panel consists of Chief Justice Frost and Justices Jamison and Donovan.
    Do Not Publish — Tex. R. App. P. 47.2(b).
    2
    

Document Info

Docket Number: 14-18-01021-CR

Filed Date: 12/18/2018

Precedential Status: Precedential

Modified Date: 12/19/2018