Court of Civil Appeals of Texas, 2021

Nkrumah Lumumba Valier v. the State of Texas

Nkrumah Lumumba Valier v. the State of Texas
Court of Civil Appeals of Texas · Decided May 4, 2021

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Do not publish.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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