Howard E. Kim v. State

• Court: Court of Appeals of Texas
• Decided: March 30, 2006
• Docket: 14-06-00180-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed March 30, 2006

Dismissed and Memorandum Opinion filed March 30, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00180-CR

HOWARD E. KIM, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 228th District Court

Harris County, Texas

Trial Court Cause No. 836,119

M E M O R A N D U M   O P I N I O N

Appellant was convicted of the offense of indecency with a child and sentenced on  March 5, 2003.  Appellant filed a notice of appeal on March 7, 2003 and his conviction was affirmed by the Tenth Court of Appeals.  Appellant filed another notice of appeal on November 28, 2005, resulting in this attempted appeal.

A defendant=s notice of appeal must be filed within thirty 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 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 March 30, 2006.

Panel consists of Justices Hudson, Fowler, and Seymore.

Do Not Publish C Tex. R. App. P. 47.2(b).