Dennis Greer v. The State of Texas Appeal from 184th District Court of Harris County (memorandum opinion per curiam)
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Appeal Dismissed and Memorandum Opinion filed February 9, 2016. In The Fourteenth Court of Appeals NO. 14-15-00821-CR DENNIS GREER, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 184th District Court Harris County, Texas Trial Court Cause No. 1472948 MEMORANDUM OPINION After a jury trial, appellant was convicted of the offense of tampering with evidence—human corpse and sentenced to seven years’ imprisonment on August 12, 2015. No timely motion for new trial was filed. Appellant’s notice of appeal was filed on September 14, 2015. 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). In this case, the notice of appeal was due on September 11, 2015.1 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 DISMISSED. PER CURIAM Panel consists of Justices Christopher, McCally, and Busby. Do Not Publish — Tex. R. App. P. 47.2(b). 1 The Court of Criminal Appeals has not followed Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex.1997), which holds that an extension is implied if a notice of appeal is filed within fifteen days after the deadline. See Lair v. State, 321 S.W.3d 158, 159 (Tex. App.—Houston [1st Dist.] 2010, pet ref’d) (noting that Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996) deprives the appellate court of the authority in criminal cases to imply a request for extension and allow a late notice of appeal). 2
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