Opinion
No. 14-06-00958-CR
Opinion filed November 9, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 208th District Court, Harris County, Texas, Trial Court Cause No. 919664. Dismissed.
Panel consists of Chief Justice HEDGES and Justices YATES and SEYMORE.
MEMORANDUM OPINION
After a jury trial, appellant was convicted of theft of between $1500 and $20,000. On June 30, 2006, the court sentenced appellant to confinement for two years in the State Jail Division of the Texas Department of Criminal Justice, probated for five years. Appellant filed a motion for new trial on August 4, 2006. Appellant's notice of appeal was not filed until October 3, 2006. Appellant's motion for new trial was filed more than 30 days after sentencing and is therefore untimely. A defendant's notice of appeal must be filed within thirty days after sentence is imposed when the defendant has not filed a timely motion for new trial. See TEX. R. APP. P. 26.2(a)(1). Appellant's notice of appeal was filed ninety-five days after sentencing. A notice of appeal which complies with the requirements of Rule 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.