Opinion
No. 14-08-00704-CR
Memorandum Opinion filed September 4, 2008. DO NOT PUBLISH. — TEX. R. APP. P. 47.2(b).
On Appeal from the 248th District Court Harris County, Texas, Trial Court Cause No. 1129221.
Panel consists of Justices YATES, SEYMORE, and BOYCE.
MEMORANDUM OPINION
Appellant was convicted of the offense of aggravated robbery and was sentenced on March 25, 2008, to five years' confinement in the Texas Department of Criminal Justice, Institutional Division. A timely motion for new trial was filed. Appellant's notice of appeal was not filed until July 23, 2008, which is 120 days after sentence was imposed. A defendant's notice of appeal must be filed within ninety days after sentence is imposed when the defendant has filed a timely motion for new trial. See TEX. R. APP. P. 26.2(a)(2). 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.