Manning, Howard Dell v. State

Court of Appeals of Texas

Manning, Howard Dell v. State

DecidedSeptember 16, 2004

Docket14-04-00823-CR

StatusPublished

This text of Manning, Howard Dell v. State (Manning, Howard Dell 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.

Bluebook

Manning, Howard Dell v. State, (Tex. Ct. App. 2004).

Pincite

Opinion

Dismissed and Memorandum Opinion filed September 16, 2004

Dismissed and Memorandum Opinion filed September 16, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00823-CR

HOWARD DELL MANNING, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 240th District Court

Fort Bend County, Texas

Trial Court Cause No. 29,061

M E M O R A N D U M O P I N I O N

After a jury trial, appellant was convicted of attempted aggravated sexual assault. Appellant entered into a sentencing agreement with the State whereby, in exchange for waiving his right to appeal, the State would recommend punishment at confinement for eight years in the Institutional Division of the Texas Department of Criminal Justice. On October 2, 1997, the trial court sentenced appellant in accordance with the agreement. Appellant did not file a notice of appeal of his conviction until June 16, 2004.^{^[1]}

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.

On September 8, 2004, the State filed a motion to dismiss the appeal for want of jurisdiction. The motion is granted.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed September 16, 2004.

Panel consists of Chief Justice Hedges and Justices Fowler and Seymore.

Do Not Publish C Tex.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

^{^[1]} On July 26, 2002, appellant filed a notice of appeal from the trial court=s order denying his motion for forensic DNA testing. See Tex. Code Crim. Proc. Ann. Art. 64.03 (Vernon Supp. 2004). The Court of Appeals for the First District of Texas affirmed that denial in an unpublished opinion. See Manning v. State, 2003 WL 22511374, No. 01-02-00806-CR (Tex. App.CHouston [1st Dist.] Nov. 6, 2003, pet. ref=d) (not designated for publication).

Free access — add to your briefcase to read the full text and ask questions with AI

Dismissed and Memorandum Opinion filed September 16, 2004

Dismissed and Memorandum Opinion filed September 16, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00823-CR

HOWARD DELL MANNING, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 240th District Court

Fort Bend County, Texas

Trial Court Cause No. 29,061

M E M O R A N D U M O P I N I O N

After a jury trial, appellant was convicted of attempted aggravated sexual assault. Appellant entered into a sentencing agreement with the State whereby, in exchange for waiving his right to appeal, the State would recommend punishment at confinement for eight years in the Institutional Division of the Texas Department of Criminal Justice. On October 2, 1997, the trial court sentenced appellant in accordance with the agreement. Appellant did not file a notice of appeal of his conviction until June 16, 2004.^{^[1]}

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.

On September 8, 2004, the State filed a motion to dismiss the appeal for want of jurisdiction. The motion is granted.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed September 16, 2004.

Panel consists of Chief Justice Hedges and Justices Fowler and Seymore.

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

^{^[1]} On July 26, 2002, appellant filed a notice of appeal from the trial court=s order denying his motion for forensic DNA testing. See Tex. Code Crim. Proc. Ann. Art. 64.03 (Vernon Supp. 2004). The Court of Appeals for the First District of Texas affirmed that denial in an unpublished opinion. See Manning v. State, 2003 WL 22511374, No. 01-02-00806-CR (Tex. App.CHouston [1st Dist.] Nov. 6, 2003, pet. ref=d) (not designated for publication).

Cite This Page — Counsel Stack

Bluebook (online)

Manning, Howard Dell v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manning-howard-dell-v-state-texapp-2004.

Opinion

Related

Cite This Page — Counsel Stack