Butler, Quincy v. The State of Texas--Appeal from 184th District Court of Harris County

Dismissed and Opinion filed September 5, 2002.

In The

Fourteenth Court of Appeals

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NO. 14-02-00829-CR

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QUINCY BUTLER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 184th District Court

Harris County, Texas

Trial Court Cause No. 879,861

M E M O R A N D U M O P I N I O N

After a guilty plea, appellant received deferred adjudication for the offense of possession of less than one gram of cocaine on June 16, 2001. On June 11, 2002, he was adjudicated guilty of that offense and sentenced to one year in jail. No motion for new trial was filed. Appellant=s notice of appeal was not filed until July 22, 2002.

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. See 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. See id.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Opinion filed September 5, 2002.

Panel consists of Chief Justice Brister and Justices Hudson and Fowler.

Do Not Publish Tex. R. App. P. 47.3(b).