Opinion
No. 14-04-00446-CR
Memorandum Opinion Filed May 20, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 230th District Court, Harris County, Texas, Trial Court Cause No. 829,481. Dismissed.
Panel consists of Justices FOWLER, EDELMAN, and SEYMORE.
MEMORANDUM OPINION
After a plea of guilty, appellant was convicted on April 17, 2000, of the offense of delivery of in the amount of less than 200 grams. Appellant was sentenced on April 17, 2000, to 25 years' incarceration. No timely motion for new trial was filed. Appellant's notice of appeal was not filed until March 29, 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. Accordingly, the appeal is ordered dismissed.