Wilson, Steven Ray v. The State of Texas--Appeal from 184th District Court of Harris County

Dismissed and Opinion filed November 27, 2002.

In The

Fourteenth Court of Appeals

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NO. 14-02-01114-CR

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STEVEN RAY WILSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 184th District Court

Harris County, Texas

Trial Court Cause No. 753,908

O P I N I O N

On August 30, 1999, the trial court signed a judgment adjudicating appellant guilty of the offense of aggravated assault and sentenced him to confinement for twelve years in the Institutional Division of the Texas Department of Criminal Justice. No motion for new trial was filed. Appellant=s notice of appeal was not filed until October 10, 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 November 27, 2002.

Panel consists of Chief Justice Brister and Edelman and Seymore.

Do Not Publish C Tex.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