Mark Anthony Parmer v. The State of Texas--Appeal from 268th District Court of Fort Bend CountyAnnotate this Case
Dismissed and Memorandum Opinion filed October 20, 2005.
Fourteenth Court of Appeals
MARK ANTHONY PARMER, Appellant
THE STATE OF TEXAS, Appellee
On Appeal from the 268th District Court
Fort Bend County, Texas
Trial Court Cause No. 35,626
M E M O R A N D U M O P I N I O N
After a plea of guilty, appellant was convicted of the offense of injury to a child and sentenced on July 29, 2002, to 30 years= imprisonment in the Texas Department of Criminal Justice, Institutional Division. No timely motion for new trial was filed. Appellant=s notice of appeal was not filed until August 19, 2005.
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.
Judgment rendered and Memorandum Opinion filed October 20, 2005.
Panel consists of Justices Hudson, Frost, and Seymore.
Do Not Publish C Tex. R. App. P. 47.2(b).