Court of Civil Appeals of Texas, 2014

MacEdonio Perez v. State

MacEdonio Perez v. State
Court of Civil Appeals of Texas · Decided September 18, 2014

MacEdonio Perez v. State

Opinion

Dismissed and Memorandum Opinion filed September 18, 2014.

In The Fourteenth Court of Appeals NO. 14-14-00281-CR MACEDONIO PEREZ, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 300th District Court Brazoria County, Texas Trial Court Cause No. 69127 MEMORANDUM OPINION

After a jury trial, appellant was convicted of the offense of intoxication manslaughter and sentenced to six years’ confinement on February 21, 2014. No timely motion for new trial was filed. Appellant’s notice of appeal was not filed until April 7, 2014.

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 that complies with the requirements of Rule 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 Christopher and Busby.

Do Not Publish — Tex.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

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