Abner v. State

• Decision Date: 19 May 2022
• Docket Number: 14-22-00208-CR
• Parties: EUGENE SHANNON ABNER, Appellant v. THE STATE OF TEXAS, Appellee
• Court: Texas Court of Appeals

EUGENE SHANNON ABNER, Appellant v. THE STATE OF TEXAS, Appellee

No. 14-22-00208-CR

Court of Appeals of Texas, Fourteenth District

May 19, 2022

Do Not Publish - Tex.R.App.P. 47.2(b).

On Appeal from the 180th District Court Harris County, Texas Trial Court Cause No. 610227

Panel consists of Justices Bourliot, Hassan, and Poissant.

MEMORANDUM OPINION

PER CURIAM

On October 22, 1992, appellant was convicted of the offense of aggravated sexual assault. Appellant filed a notice of appeal on February 28, 2022.

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. On April 14, 2022, the parties were notified that the appeal would be dismissed for lack of jurisdiction unless a party demonstrated that the court has jurisdiction. Appellant's response does not demonstrate this court's jurisdiction.

Accordingly, the appeal is ordered dismissed.