Joshua Cordell Hurd v. State

Dismissed and Memorandum Opinion filed October 21, 2014
In The
Fourteenth Court of Appeals
NO. 14-14-00786-CR
JOSHUA CORDELL HURD, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 228th District Court
Harris County, Texas
Trial Court Cause No. 1387734
MEMORANDUM OPINION
After a plea of guilty, appellant was convicted of the offense of aggravated
robbery with a deadly weapon and sentenced to prison for twelve years on May 13,
2014. No timely motion for new trial was filed. Appellant’s notice of appeal was
not filed until September 25, 2014.
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 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.
Under those circumstances it can take no action other than to dismiss the appeal.
Id.
Accordingly, the appeal is ordered dismissed.
PER CURIAM
Panel consists of Justices McCally, Brown and Wise.
Do Not Publish — Tex. R. App. P. 47.2(b).
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