Broderick Rechard Stokes v. The State of Texas Appeal from 337th District Court of Harris County (memorandum opinion per curiam)

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Appeal Dismissed and Memorandum Opinion filed August 30, 2018. In The Fourteenth Court of Appeals NO. 14-18-00694-CR BRODERICK RECHARD STOKES, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 337th District Court Harris County, Texas Trial Court Cause No. 1159870 MEMORANDUM OPINION Appellant Broderick Rechard Stokes pleaded guilty to theft. The trial court sentenced him on May 21, 2008, to 300 days’ confinement in state jail. Appellant filed a notice of appeal from the judgment on July 27, 2018. We lack jurisdiction over this appeal because the notice of appeal was not filed timely. 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 that complies with the requirements of Rule 26.2 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. Appellant’s notice of appeal was filed more than ten years after the sentence was imposed. Therefore, the appeal was not timely perfected. Accordingly, we DISMISS the appeal. PER CURIAM Panel consists of Justices Donovan, Wise, and Jewell. Do Not Publish — Tex. R. App. P. 47.2(b). 2

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