Court of Civil Appeals of Texas, 2009

Mark Anthony Parmer v. State

Mark Anthony Parmer v. State
Court of Civil Appeals of Texas · Decided January 29, 2009

Mark Anthony Parmer v. State

Opinion

Dismissed and Memorandum Opinion filed January 29, 2009

Dismissed and Memorandum Opinion filed January 29, 2009.

 

 

 

In The

 

Fourteenth Court of Appeals

____________

 

NO. 14-09-00013-CR

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MARK ANTHONY PARMER, Appellant

 

V.

 

THE STATE OF TEXAS, Appellee

 

 

On Appeal from the 268th District Court

Fort Bend County, Texas

Trial Court Cause No. 35,626

 

 

M E M O R A N D U M   O P I N I O N

After a plea of guilty, appellant was convicted of the offense of injury to a child and sentenced on July 29, 2002, to confinement for thirty years in the Institutional Division of the Texas Department of Criminal Justice.  No timely motion for new trial was filed. Appellant=s notice of appeal was not filed until August 19, 2005.  Accordingly, this Court dismissed the appeal for want of jurisdiction.  See Parmer v. State, No. 14‑05‑00950‑CR, 2005 WL 2674950 (Tex. App.CHouston [14th Dist.] Oct. 20, 2005, pet. ref=d) (not designated for publication).


Appellant now attempts to appeal from the trial court=s order signed October 6, 2008, denying his petition for disclosure of grand jury minutes.  Appellant=s notice of appeal was not filed until December 12, 2008.

A defendant=s notice of appeal must be filed within thirty days after sentence is imposed or thirty days after the trial court enters an appealable order 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 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. 

In addition, only the Texas Court of Criminal Appeals has jurisdiction over matters related to final post‑conviction felony proceedings.  See Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding).

Accordingly, the appeal is ordered dismissed.

 

PER CURIAM

 

Panel consists of Chief Justice Hedges and Justices Anderson and Seymore.

Do Not Publish C Tex. R. App. P. 47.2(b).

 

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