Kendrick Romaine Hicks v. State

• Court: Court of Appeals of Texas
• Decided: March 13, 2012
• Docket: 14-12-00180-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed March 13, 2012.

In The

Fourteenth Court of Appeals ____________

NO. 14-12-00180-CR ____________

KENDRICK ROMAINE HICKS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 232nd District Court Harris County, Texas Trial Court Cause No. 1260216

MEMORANDUM OPINION

A jury convicted appellant of murder. On November 3, 2011, the trial court sentenced appellant to confinement for ten years in the Institutional Division of the Texas Department of Criminal Justice. No timely motion for new trial was filed. Appellant’s pro se notice of appeal was not filed until February 20, 2012. Appellant filed a motion to extend time to file his notice of appeal, but the motion was not filed until February 16, 2011. 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). The time for filing the notice of appeal may be extended if, within fifteen days of the deadline for filing the notice of appeal, the appellant files the notice of appeal and a motion complying with Rule 10.5(b). See Tex. R. App. P. 26.3; 10.5(b). Appellant's notice of appeal was not filed within fifteen days of the deadline. A notice of appeal that 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

Panel consists of Justices Frost, Brown, and Christopher. Do Not Publish—Tex. R. App. P. 47.2(b).