Nkrumah Lumumba Valier v. the State of Texas

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 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Do not publish.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).