Leroy Henderson v. State
This text of Leroy Henderson v. State (Leroy Henderson 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 Memorandum Opinion filed November 6, 2008.
In The
Fourteenth Court of Appeals
____________
NO. 14-08-00255-CR
LEROY HENDERSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 263rd District Court
Harris County, Texas
Trial Court Cause No. 763936
M E M O R A N D U M O P I N I O N
This attempted appeal is from the trial court=s denial of appellant=s motion for DNA testing. The trial court denied the motion on January 3, 2008. No motion for new trial was filed. Appellant=s notice of appeal was not filed until March 5, 2008.
A defendant=s notice of appeal must be filed within thirty days after the day the trial court enters an appealable order. See Tex. R. App. P. 26.2(a)(1). 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
Judgment rendered and Memorandum Opinion filed November 6, 2008.
Panel consists of Chief Justice Hedges, Justices Anderson and Frost.
Do Not Publish C Tex. R. App. P. 47.2(b).
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