Maurice Lee Moore, Jr. v. State

Dismissed and Memorandum Opinion filed January 24, 2019.
In The
Fourteenth Court of Appeals
NO. 14-18-01090-CR
MAURICE LEE MOORE, JR., Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 300th District Court
Brazoria County, Texas
Trial Court Cause No. 81635-CR
MEMORANDUM OPINION
After a jury found appellant guilty of aggravated assault, he entered into an
agreement with the State to serve 25 years in prison. Appellant was sentenced on
March 13, 2018. Appellant filed an untimely motion for new trial on December 20,
2018. Appellant’s notice of appeal was not filed until December 20, 2018.
A defendant’s notice of appeal must be filed within 30 days after sentence is
imposed when the defendant has not timely 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.
Accordingly, the appeal is ordered dismissed.
PER CURIAM
Panel consists of Chief Justice Frost and Justices Jewell and Bourliot.
Do Not Publish — Tex. R. App. P. 47.2(b).
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