Opinion
No. 14-03-01073-CR.
Opinion filed November 20, 2003. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
Appeal from the 180th District Court, Harris County, Texas, Trial Court Cause No. 914,091 Dismissed.
Panel consists of Justices YATES, HUDSON, and FOWLER.
MEMORANDUM OPINION
After a plea of guilty, appellant was convicted of the offense of possession of cocaine with intent to deliver and sentenced on June 16, 2003, to 30 years' incarceration in the Texas Department of Criminal Justice, Institutional Division, and a $1,000 fine. No timely motion for new trial was filed. Appellant's notice of appeal was not filed until September 15, 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.