Darius James Kelly v. State

Dismissed and Memorandum Opinion filed January 8, 2015.
In The
Fourteenth Court of Appeals
NO. 14-14-00995-CR
DARIUS JAMES KELLY, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 182nd District Court
Harris County, Texas
Trial Court Cause No. 1365652
MEMORANDUM OPINION
Appellant attempts to appeal his conviction for aggravated robbery with a
deadly weapon. See Tex. Penal Code Ann. § 29.03(a)(2) (West, Westlaw through
2013 3d C.S.). Sentence was imposed May 16, 2014. No timely motion for new
trial was filed. Appellant’s notice of appeal was not filed until December 10, 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 Chief Justice Frost and Justices Boyce and McCally.
Do Not Publish — Tex. R. App. P. 47.2(b).
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