Perry, Tazara Atara v. The State of Texas--Appeal from 338th District Court of Harris County

Dismissed and Opinion filed  January 9, 2003.

In The

Fourteenth Court of Appeals

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NO. 14-02-01322-CR

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TAZARA ATARA PERRY, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 338th District Court

Harris County, Texas

Trial Court Cause No. 927,047

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

After a guilty plea to the offense of possession with intent to deliver a controlled substance, appellant was placed on deferred adjudication probation for seven years and was assessed a fine of $700.00 on October 14, 2002. No motion for new trial was filed. Appellant s notice of appeal was not filed until December 2, 2002. Although the notice of appeal was filed within the 15-day period after the notice of appeal was due, no motion to extend the time to file the notice of appeal was filed.

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. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). An appellate court may extend the time to file the notice of appeal if the party, within 15 days after the deadline for filing the notice of appeal, files a notice of appeal in the trial court and files in the appellate court a motion complying with Rule 10.5(b). Tex. R. App. P. 26.3.

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.

PER CURIAM

Judgment rendered and Opinion filed January 9, 2003.

Panel consists of Justices Edelman, Seymore, and Guzman.

Do Not Publish Tex. R. App. P. 47.2(b).