Bryce Excell Grant v. State

• Court: Court of Appeals of Texas
• Decided: January 17, 2019
• Docket: 14-18-01035-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed January 17, 2019.

In The

Fourteenth Court of Appeals

NO. 14-18-01035-CR

BRYCE EXCELL GRANT, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 177th District Court Harris County, Texas Trial Court Cause No. 1477422

MEMORANDUM OPINION

After a plea of guilty, appellant was convicted of the felony offense of attempted retaliation and sentenced to ten months in state jail on January 26, 2016. No timely motion for new trial was filed. Appellant’s notice of appeal was not filed until September 29, 2018.

A defendant’s notice of appeal must be filed within 30 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 Texas Rule of Appellate Procedure 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 Wise, Zimmerer, and Spain. Do Not Publish — Tex. R. App. P. 47.2(b).