Opinion
No. 14-08-00026-CR
Memorandum Opinion filed February 28, 2008. DO NOT PUBLISH — TEX. R. APP. P. 47.2(b).
On Appeal from the 228th District Court, Harris County, Texas, Trial Court Cause No. 335645.
Panel consists of Justices YATES, GUZMAN, and BROWN.
CORRECTED MEMORANDUM OPINION
In the trial court, appellant filed a petition for an order compelling discovery. The trial court granted this petition. The State moved for new trial. On September 6, 2007, the trial court entered an order rescinding its previous order and denying appellant's petition for an order compelling discovery. Appellant did not file a timely motion for new trial. Appellant filed a request for findings of fact and conclusions of law on October 26, 2007. Appellant's notice of appeal was not filed until December 31, 2007. A defendant's notice of appeal must be filed within thirty days after sentence is imposed, or other appealable order is signed, when the defendant has not filed a motion for new trial. See TEX. R. APP. P. 26.2(a)(1). A request for findings of fact and conclusions of law does not extend the time for perfecting an appeal in a criminal case. See TEX. R. APP. P. 26.2(a)(2); Claytor v. State, 2005 WL 2736568 at * 1 (Tex.App.-Amarillo, Oct. 24, 2005, no pet.). 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.