Leroy R. Jacobson v. State

• Court: Court of Appeals of Texas
• Decided: December 18, 2008
• Docket: 14-08-01086-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed December 18, 2008

Dismissed and Memorandum Opinion filed December 18, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-01086-CR

LEROY R. JACOBSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 337th District Court

Harris County, Texas

Trial Court Cause No. 428647

M E M O R A N D U M   O P I N I O N

This attempted appeal is from an order signed August 27, 2008, denying appellant=s motion for new trial based on newly discovered evidence filed on August 6, 2008.  A jury convicted appellant of the offense of burglary of a habitation and on November 14, 1985, sentenced him to confinement for twenty-two years in the Texas Department of Criminal Justice, Institutional Division. 

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).  If a timely motion for new trial is filed, a defendant=s notice of appeal must be filed within ninety days after sentence is imposed.  See Tex. R. App. P. 26.2(a)(2). 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.^[1]

PER CURIAM

Judgment rendered and Memorandum Opinion filed , 2008.

Panel consists of Justices Frost, Brown, and Boyce.

Do Not Publish C Tex.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

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^[1]  Only the Texas Court of Criminal Appeals has jurisdiction over matters related to final post-conviction felony proceedings.  Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding).