Howard E. Kim v. State
Howard E. Kim v. State
Opinion
Dismissed and Memorandum Opinion filed April 19, 2011.
In The
Fourteenth Court of Appeals
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NO. 14-11-00315-CR
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HOWARD E. KIM, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 228th District Court
Harris County, Texas
Trial Court Cause No. 836,119
MEMORANDUM OPINION
Appellant was convicted of the offense of indecency with a child and sentenced on March 5, 2003. Appellant filed a notice of appeal on March 7, 2003, and his conviction was affirmed by the Tenth Court of Appeals. Appellant filed another notice of appeal on April 1, 2011, resulting in this attempted appeal.
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 Frost, Jamison, and McCally.
Do Not Publish — Tex. R. App. P. 47.2(b).
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