Nkrumah Lumumba Valier v. the State of Texas
Nkrumah Lumumba Valier v. the State of Texas
Opinion
Opinion issued May 4, 2021
In The Court of Appeals For The First District of Texas ———————————— NO. 01-21-00050-CR ——————————— NKRUMAH LUMUMBA VALIER, Appellant V. THE STATE OF TEXAS, Appellee
On Appeal from the 184th District Court Harris County, Texas Trial Court Case No. 1030025
MEMORANDUM OPINION Nkrumah Lumumba Valier, incarcerated and acting pro se, appeals his plea agreement entered into in connection with a 2006 conviction for aggravated sexual assault, a second-degree felony.1 See TEX. PENAL CODE § 22.021.
Valier’s December 14, 2020 notice of appeal from his 2006 conviction is untimely. See TEX. R. APP. P. 25.2, 26.2. “A timely notice of appeal is necessary to invoke a court of appeals' jurisdiction.” Olivo v. State, 918 S.W.2d 519, 526 (Tex. Crim. App. 1996). Given that Valier’s notice of appeal was not timely, we must dismiss the appeal for lack of jurisdiction. See id. at 526 (affirming dismissal of appeal for lack of jurisdiction because notice of appeal untimely); Rodarte v. State, 860 S.W.2d 108, 110 (Tex. Crim. App. 1993) (same).
We dismiss the appeal for lack of jurisdiction. TEX. R. APP. P. 43(f). We dismiss all pending motions as moot.
PER CURIAM Panel consists of Justices Countiss, Rivas-Molloy, and Guerra.
Do not publish. TEX. R. APP. P. 47.2(b).
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