Court of Civil Appeals of Texas, 2013

Enqu Zeleke v. State

Enqu Zeleke v. State
Court of Civil Appeals of Texas · Decided October 1, 2013

Enqu Zeleke v. State

Opinion

Dismissed and Memorandum Opinion filed October 1, 2013.

In The Fourteenth Court of Appeals NO. 14-13-00786-CR ENQU ZELEKE, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 230th District Court Harris County, Texas Trial Court Cause No. 1353854 MEMORANDUM OPINION

After a jury trial, appellant was convicted of the offense of possession of a controlled substance and sentenced to confinement for two years in the State Jail Division of the Texas Department of Criminal Justice on March 26, 2013. No motion for new trial was filed. Appellant’s notice of appeal was not filed until August 9, 2013.

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 Chief Justice Frost and Justices McCally and Busby.

Do Not Publish — Tex.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

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