Hernan SantaMaria Valerio v. State
Hernan SantaMaria Valerio v. State
Opinion
Dismissed and Memorandum Opinion filed April 12, 2012.
In The Fourteenth Court of Appeals ____________ NO. 14-12-00278-CR ____________ HERNAN SANTAMARIA VALERIO, Appellant V. THE STATE OF TEXAS, Appellee
On Appeal from the 412th District Court Brazoria County, Texas Trial Court Cause No. 64810
MEMORANDUM OPINION After a plea of guilty, appellant was convicted of the offense of possession of a controlled substance and sentenced to 12 years in prison on January 12, 2012. No timely motion for new trial was filed. Appellant’s notice of appeal was not filed until March 9, 2012.
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 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 Justices Frost, Seymore, and McCally.
Do Not Publish — Tex. R. App. P. 47.2(b).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.