Virgil Leroy Johnson v. State

• Court: Court of Appeals of Texas
• Decided: August 13, 2020
• Docket: 14-20-00391-CR
• Status: Published

Opinion

Appeal Dismissed and Memorandum Opinion filed August 13, 2020.

In The

Fourteenth Court of Appeals

NO. 14-20-00391-CR

VIRGIL LEROY JOHNSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 184th District Court Harris County, Texas Trial Court Cause No. 1601481

MEMORANDUM OPINION

Appellant pleaded guilty to the offense of indecency with a child by exposure, pleaded true to two enhancement paragraphs, and was sentenced to prison for forty years on January 8, 2020. No timely motion for new trial was filed. Appellant’s notice of appeal was not filed until May 8, 2020.

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.

We dismiss the appeal.

PER CURIAM

Panel consists of Justices Spain, Hassan, and Poissant. Do Not Publish — Tex. R. App. P. 47.2(b).