Garcia, Alfred Uretega v. State
This text of Garcia, Alfred Uretega v. State (Garcia, Alfred Uretega v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Dismissed and Opinion filed May 1, 2003.
In The
Fourteenth Court of Appeals
____________
NO. 14-03-00352-CR
ALFRED URETEGA GARCIA, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 232nd District Court
Harris County, Texas
Trial Court Cause No. 686,001
M E M O R A N D U M O P I N I O N
On August 2, 2002, the trial court signed an order denying appellant=s motion for forensic DNA testing pursuant to Chapter 64 of the Texas Code of Criminal Procedure. Appellant=s notice of appeal was not filed until March 12, 2003.
A defendant=s notice of appeal must be filed within thirty days after the trial court enters an appealable order. Tex. R. App. P. 26.2(a)(1). A notice of appeal which complies with the requirements of Rule 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
Judgment rendered and Memorandum Opinion filed May 1, 2003.
Panel consists of Chief Justice Brister and Justices Fowler and Edelman..
Do Not Publish C Tex. R. App. P. 47.2(b).
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