Marcus Deon Virgin v. the State of Texas

Appeal Dismissed and Memorandum Opinion filed November 14, 2024.

In The

Fourteenth Court of Appeals

NO. 14-24-00663-CR

MARCUS DEON VIRGIN, Appellant
V.
THE STATE OF TEXAS, Appellee

On Appeal from the 182nd District Court
Harris County, Texas
Trial Court Cause No. 1656595

MEMORANDUM OPINION

On June 23, 2023, appellant was sentenced to twenty (20) years confinement
in the Texas Department of Criminal Justice—Institutional Division for the offense
of aggravated robbery with a deadly weapon. Therefore, appellant’s notice of
appeal was due by July 24, 2023. See Tex. R. App. P. 26.2(a)(1). Appellant mailed
his notice of appeal on August 26, 2024, and the notice of appeal was file-stamped
on September 3, 2024.

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 September 24, 2024, the parties were notified that the appeal would be
dismissed for lack of jurisdiction unless a party demonstrated that the court has
jurisdiction. Appellant did not file a response.

Accordingly, we dismiss the appeal.

PER CURIAM

Panel consists of Justices Jewell, Bourliot, and Zimmerer.
Do Not Publish — Tex. R. App. P. 47.2(b).

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