Opinion
No. 14-03-00915-CR
Memorandum Opinion filed September 11, 2003. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 176th District Court, Harris County, Texas, Trial Court Cause No. 930,419. DISMISSED
Panel consists of Justices EDELMAN, FROST, and GUZMAN.
MEMORANDUM OPINION
After a jury trial, appellant was convicted of the offense of aggravated assault with a deadly weapon and sentenced to five years in the Institutional Division of the Texas Department of Criminal Justice on July 2, 2003. No timely motion for new trial was filed. Appellant's notice of appeal was not filed until August 8, 2003. 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 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.