Donte Jamal Valentine v. The State of Texas Appeal from 263rd District Court of Harris County (memorandum opinion per curiam)
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Dismissed and Memorandum Opinion filed October 20, 2016 In The Fourteenth Court of Appeals NO. 14-16-00756-CR DONTE JAMAL VALENTINE, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 263rd District Court Harris County, Texas Trial Court Cause No. 1387799 MEMORANDUM OPINION Appellant entered a plea of guilty to aggravated robbery without an agreed recommendation as to punishment. On February 13, 2014, the trial court deferred a finding of guilt, placed appellant on community supervision for five years, and assessed a $200 fine. The State subsequently moved to adjudicate appellant’s guilt. On May 25, 2016, the trial court sentenced appellant to confinement for 20 years. A timely motion for new trial was filed. Appellant’s notice of appeal was not filed until September 12, 2016. A defendant’s notice of appeal must be filed within 90 days after sentence is imposed if the defendant timely files a motion for new trial. See Tex. R. App. P. 26.2(a)(2). 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 Panel consists of Justices Jamison, McCally, and Wise. Do Not Publish — Tex. R. App. P. 47.2(b). 2
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