Opinion
No. 14-09-00013-CR
Memorandum Opinion filed January 29, 2009. DO NOT PUBLISH — TEX. R. APP. P. 47.2(b).
On Appeal from the 268th District Court, Fort Bend County, Texas, Trial Court Cause No. 35,626.
Panel consists of Chief Justice HEDGES and Justices ANDERSON and SEYMORE.
MEMORANDUM OPINION
After a plea of guilty, appellant was convicted of the offense of injury to a child and sentenced on July 29, 2002, to confinement for thirty years in the Institutional Division of the Texas Department of Criminal Justice. No timely motion for new trial was filed. Appellant's notice of appeal was not filed until August 19, 2005. Accordingly, this Court dismissed the appeal for want of jurisdiction. See Parmer v. State, No. 14-05-00950-CR, 2005 WL 2674950 (Tex.App.-Houston [14th Dist.] Oct. 20, 2005, pet. ref'd) (not designated for publication). Appellant now attempts to appeal from the trial court's order signed October 6, 2008, denying his petition for disclosure of grand jury minutes. Appellant's notice of appeal was not filed until December 12, 2008. A defendant's notice of appeal must be filed within thirty days after sentence is imposed or thirty days after the trial court enters an appealable order when the defendant has not filed a motion for new trial. See TEX. R. APP. P. 26.2(a)(1). A notice of appeal that 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. In addition, only the Texas Court of Criminal Appeals has jurisdiction over matters related to final post-conviction felony proceedings. See Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex.Crim.App. 1991) (orig. proceeding). Accordingly, the appeal is ordered dismissed.