Opinion
No. 14-05-00375-CR
Memorandum Opinion filed May 5, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 263rd District Court, Harris County, Texas, Trial Court Cause No. 944,652. Dismissed.
Panel consists of Justices EDELMAN, SEYMORE, and GUZMAN.
MEMORANDUM OPINION
After a plea of guilty, appellant was adjudicated guilty of the offense of assault and sentenced to four years' imprisonment on January 14, 2005. No timely motion for new trial was filed. Appellant's notice of appeal was not filed until April 4, 2005. 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.