Marcus Deon Virgin v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: November 14, 2024
• Docket: 14-24-00663-CR
• Status: Published

Opinion

Appeal Dismissed and Memorandum Opinion filed November 14, 2024.

In The

Fourteenth Court of Appeals

NO. 14-24-00663-CR

MARCUS DEON VIRGIN, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 182nd District Court Harris County, Texas Trial Court Cause No. 1656595

MEMORANDUM OPINION

On June 23, 2023, appellant was sentenced to twenty (20) years confinement in the Texas Department of Criminal Justice—Institutional Division for the offense of aggravated robbery with a deadly weapon. Therefore, appellant’s notice of appeal was due by July 24, 2023. See Tex. R. App. P. 26.2(a)(1). Appellant mailed his notice of appeal on August 26, 2024, and the notice of appeal was file-stamped on September 3, 2024.

A defendant’s notice of appeal must be filed within 30 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 that complies with the requirements of Texas Rule of Appellate Procedure 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 24, 2024, the parties were notified that the appeal would be dismissed for lack of jurisdiction unless a party demonstrated that the court has jurisdiction. Appellant did not file a response.

Accordingly, we dismiss the appeal.

PER CURIAM

Panel consists of Justices Jewell, Bourliot, and Zimmerer. Do Not Publish — Tex. R. App. P. 47.2(b).