Nkrumah Lumumba Valier v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 4, 2021
• Docket: 01-21-00050-CR
• Status: Published

Opinion

Opinion issued May 4, 2021

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-21-00050-CR ——————————— NKRUMAH LUMUMBA VALIER, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 184th District Court Harris County, Texas Trial Court Case No. 1030025

MEMORANDUM OPINION

Nkrumah Lumumba Valier, incarcerated and acting pro se, appeals his plea

agreement entered into in connection with a 2006 conviction for aggravated sexual

assault, a second-degree felony.1

1 See TEX. PENAL CODE § 22.021. Valier’s December 14, 2020 notice of appeal from his 2006 conviction is

untimely. See TEX. R. APP. P. 25.2, 26.2. “A timely notice of appeal is necessary

to invoke a court of appeals' jurisdiction.” Olivo v. State, 918 S.W.2d 519, 526

(Tex. Crim. App. 1996). Given that Valier’s notice of appeal was not timely, we

must dismiss the appeal for lack of jurisdiction. See id. at 526 (affirming dismissal

of appeal for lack of jurisdiction because notice of appeal untimely); Rodarte v.

State, 860 S.W.2d 108, 110 (Tex. Crim. App. 1993) (same).

We dismiss the appeal for lack of jurisdiction. TEX. R. APP. P. 43(f). We

dismiss all pending motions as moot.

PER CURIAM

Panel consists of Justices Countiss, Rivas-Molloy, and Guerra.

Do not publish. TEX. R. APP. P. 47.2(b).