Eugene Shannon Abner v. State ( 2020 )


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  • Appeal Dismissed and Memorandum Opinion filed January 14, 2020.
    In The
    Fourteenth Court of Appeals
    NO. 14-19-00965-CR
    EUGENE SHANNON ABNER, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the 180th District Court
    Harris County, Texas
    Trial Court Cause No. 610227
    MEMORANDUM                       OPINION
    Appellant Eugene Shannon Abner was convicted of aggravated sexual assault
    and sentenced on October 22, 1992. Appellant filed a notice of appeal on December
    2, 2019.
    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 26.2 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 thirty days after
    sentence was imposed.
    We dismiss the appeal for lack of jurisdiction. Because we lack jurisdiction,
    we take no action on appellant’s pending motions.
    PER CURIAM
    Panel consists of Chief Justice Frost and Justices Christopher and Bourliot.
    Do Not Publish — Tex. R. App. P. 47.2(b).
    2
    

Document Info

Docket Number: 14-19-00965-CR

Filed Date: 1/14/2020

Precedential Status: Precedential

Modified Date: 1/14/2020