Omar Edward Lloyd v. The State of Texas--Appeal from 262nd District Court of Harris County

Dismissed and Memorandum Opinion filed September 20, 2007.

In The

Fourteenth Court of Appeals

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NO. 14-07-00733-CR

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OMAR EDWARD LLOYD, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Cause No. 1050315

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

Appellant entered a guilty plea to aggravated robbery. In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant on September 25, 2006, to confinement for fifteen years in the Institutional Division of the Texas Department of Criminal Justice. Appellant filed an untimely motion for new trial on May 10, 2007, and again on August 29, 2007. See Tex. R. App. P. 21.4(a) (requiring motion for new trial to be filed within 30 days of the date the court imposes sentence). Appellant filed a pro se notice of appeal on August 29, 2007, requesting an Aout-of-time@ appeal. We dismiss the appeal.

A defendant=s notice of appeal must be filed within thirty days after sentence is imposed when the defendant has not filed a timely motion for new trial. See Tex. R. App. P. 26.2(a)(1). 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.

PER CURIAM

Judgment rendered and Memorandum Opinion filed September 20, 2007.

Panel consists of Chief Justice Hedges and Justices Anderson and Seymore.

Do Not Publish C Tex.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