Garcia, Alfred Uretega v. The State of Texas--Appeal from 232nd District Court of Harris County

Dismissed and Opinion filed May 1, 2003.

In The

Fourteenth Court of Appeals

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NO. 14-03-00352-CR

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ALFRED URETEGA GARCIA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 232nd District Court

Harris County, Texas

Trial Court Cause No. 686,001

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

On August 2, 2002, the trial court signed an order denying appellant=s motion for forensic DNA testing pursuant to Chapter 64 of the Texas Code of Criminal Procedure. Appellant=s notice of appeal was not filed until March 12, 2003.

A defendant=s notice of appeal must be filed within thirty days after the trial court enters an appealable order. 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). 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 Memorandum Opinion filed May 1, 2003.

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

Do Not Publish C Tex.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