Opinion
No. 14-08-00668-CR
Opinion filed December 30, 2008. DO NOT PUBLISH — TEX. R. APP. P. 47.2(b).
On Appeal from the 178th District Court, Harris County, Texas, Trial Court Cause No. 655145.
Panel consists of Justices YATES, GUZMAN, and SULLIVAN.
MEMORANDUM OPINION
Appellant pled guilty to the offense of possession of marijuana and was sentenced on May 27, 2008, to twenty years' confinement in the Texas Department of Criminal Justice, Institutional Division. No motion for new trial was filed. Appellant's notice of appeal was not filed until July 10, 2008. 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.
Although the Harris County District Clerk stated in the assignment sheet that appellant had filed a motion for new trial, the District Clerk subsequently filed a supplemental clerk's record with an affidavit stating that the entry concerning the filing of a motion for new trial in this case was an error.