McMahon, Brian Keith v. State

• Court: Court of Appeals of Texas
• Decided: May 22, 2003
• Docket: 14-03-00483-CR
• Status: Published

Opinion

Dismissed and Opinion filed May 22, 2003

Dismissed and Opinion filed May 22, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-00483-CR

BRIAN KEITH MCMAHON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 339th District Court

Harris County, Texas

Trial Court Cause No. 740,960

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 the offense of murder and sentenced to life in prison on December 9, 1997.  No motion for new trial was filed.  Appellant=s notice of appeal was not filed until April 21, 2003.

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 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 Opinion filed May 22, 2003.

Panel consists of Justices Yates, Hudson and Frost.

Do Not Publish C Tex.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