Ajalon Baker v. The State of Texas

Houston, TX - Criminal defense attorney represented Ajalon Baker with a Poss of a Controlled Substance charge.

Appellant entered a guilty plea to possession of cocaine. In accordance with

the terms of a plea bargain agreement with the State, the trial court accepted the

plea and assessed punishment at confinement for two years in the Institutional

Division of the Texas Department of Criminal Justice. Appellant was sentenced on

December 11, 2013. Appellant's pro se notice of appeal was filed on January 14,

2020. 2

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.

Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Appellant's notice of

appeal was not timely filed. See Tex. R. App. P. 26.2(a)(1), (2). When a notice of

appeal is not timely filed, the court of appeals can take no action other than to

dismiss the appeal for lack of jurisdiction. See id.

On February 3, 2021, the parties were notified that the appeal would be

dismissed for lack of jurisdiction unless a party demonstrated that the court has

jurisdiction. No response has been received.

Appeal Dismissed and Memorandum Opinion filed March 9, 2021.

In The

Fourteenth Court of Appeals

NO. 14-20-00052-CR

AJALON BAKER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 209th District Court

Harris County, Texas

Trial Court Cause No. 1401041

MEMORANDUM OPINION

Appellant entered a guilty plea to possession of cocaine. In accordance with

the terms of a plea bargain agreement with the State, the trial court accepted the

plea and assessed punishment at confinement for two years in the Institutional

Division of the Texas Department of Criminal Justice. Appellant was sentenced on

December 11, 2013. Appellant's pro se notice of appeal was filed on January 14,

2020. 2

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.

Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Appellant's notice of

appeal was not timely filed. See Tex. R. App. P. 26.2(a)(1), (2). When a notice of

appeal is not timely filed, the court of appeals can take no action other than to

dismiss the appeal for lack of jurisdiction. See id.

On February 3, 2021, the parties were notified that the appeal would be

dismissed for lack of jurisdiction unless a party demonstrated that the court has

jurisdiction. No response has been received.

Accordingly, the appeal is dismissed for lack of jurisdiction.