Opinion
No. 14-09-00921-CR
Opinion filed November 19, 2009. DO NOT PUBLISH — TEX. R. APP. P. 47.2(b).
On Appeal from the 232nd District Court, Harris County, Texas, Trial Court Cause No. 1231651.
Panel consists of Justices ANDERSON, FROST, and BOYCE.
MEMORANDUM OPINION
Appellant pled guilty to the offense of possession of a controlled substance and was sentenced on September 9, 2009, to confinement in the Texas Department of Criminal Justice, Institutional Division. No timely motion for new trial was filed. Appellant's notice of appeal was not filed until October 27, 2009. 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 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. Accordingly, the appeal is ordered dismissed.