Robert Earl Holmes v. The State of Texas--Appeal from 228th District Court of Harris County
Annotate this Case
Download PDF
Dismissed and Memorandum Opinion filed November 18, 2010. In The Fourteenth Court of Appeals ____________ NO. 14-10-01033-CR ____________ ROBERT EARL HOLMES, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 228th District Court Harris County, Texas Trial Court Cause No. 1251976 MEMORANDUM OPINION After a jury trial, appellant was convicted of violation of a protective order. On September 10, 2010, the trial court sentenced appellant to confinement for eight years in the Institutional Division of the Texas Department of Criminal Justice. No timely motion for new trial was filed. Appellant s notice of appeal was not filed until October 18, 2010. 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 Panel consists of Justices Anderson, Frost and Brown. Do Not Publish Tex. R. App. P. 47.2(b). 2
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.
