Opinion
No. 14-04-00823-CR
Memorandum Opinion filed September 16, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 240th District Court, Fort Bend County, Texas, Trial Court Cause No. 29,061. Dismissed.
Panel consists of Chief Justice HEDGES and Justices FOWLER and SEYMORE.
MEMORANDUM OPINION
After a jury trial, appellant was convicted of attempted aggravated sexual assault. Appellant entered into a sentencing agreement with the State whereby, in exchange for waiving his right to appeal, the State would recommend punishment at confinement for eight years in the Institutional Division of the Texas Department of Criminal Justice. On October 2, 1997, the trial court sentenced appellant in accordance with the agreement. Appellant did not file a notice of appeal of his conviction until June 16, 2004. 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. On September 8, 2004, the State filed a motion to dismiss the appeal for want of jurisdiction. The motion is granted. Accordingly, the appeal is ordered dismissed.
On July 26, 2002, appellant filed a notice of appeal from the trial court's order denying his motion for forensic DNA testing. See TEX. CODE CRIM. PROC. ANN. Art. 64.03 (Vernon Supp. 2004). The Court of Appeals for the First District of Texas affirmed that denial in an unpublished opinion. See Manning v. State, 2003 WL 22511374, No. 01-02-00806-CR (Tex. App.-Houston [1st Dist.] Nov. 6, 2003, pet. ref'd) (not designated for publication).