Justin Hughes v. The State of Texas Appeal from 176th District Court of Harris County (memorandum opinion per curiam)

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Dismissed and Memorandum Opinion filed April 18, 2017. In The Fourteenth Court of Appeals NO. 14-17-00201-CR JUSTIN HUGHES, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 176th District Court Harris County, Texas Trial Court Cause No. 1480367 MEMORANDUM OPINION Appellant Justin Hughes was convicted of the offense of retaliation and sentenced to three years’ imprisonment on December 21, 2016. No timely motion for new trial was filed. Appellant’s notice of appeal was not filed until March 9, 2017. 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). A notice of appeal that complies with the requirements of Texas Rule of Appellate Procedure 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 Chief Justice Frost and Justices Donovan and Wise. Do Not Publish — Tex. R. App. P. 47.2(b). 2

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