Fitch, James Howard v. The State of Texas--Appeal from 176th District Court of Harris County
Annotate this CaseDismissed and Memorandum Opinion filed September 11, 2003.
In The
Fourteenth Court of Appeals
____________
NO. 14-03-00915-CR
____________
JAMES HOWARD FITCH, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 176th District Court
Harris County, Texas
Trial Court Cause No. 930419
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 aggravated assault with a deadly weapon and sentenced to five years in the Institutional Division of the Texas Department of Criminal Justice on July 2, 2003. No timely motion for new trial was filed. Appellant=s notice of appeal was not filed until August 8, 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 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.
Accordingly, the appeal is ordered dismissed.
PER CURIAM
Judgment rendered and Opinion filed September 11, 2003.
Panel consists of Justices Edelman, Frost, and Guzman.
Do Not Publish C Tex. R. App. P. 47.2(b).
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.