Grable, Charles Lee v. The State of Texas--Appeal from 232nd District Court of Harris County

Dismissed and Opinion filed May 16, 2002.

In The

Fourteenth Court of Appeals

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NO. 14-02-00335-CR

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CHARLES LEE GRABLE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 232nd District Court

Harris County, Texas

Trial Court Cause No. 764,539

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

After a guilty plea, appellant was placed on deferred adjudication probation for five years. The State moved to adjudicated guilt, and appellant was adjudicated guilty of the offense of indecency with a child and sentenced on July 24, 1998, to sixteen years= imprisonment in Texas Department of Criminal Justice, Institutional Division. An untimely motion for new trial was filed on February 5, 2002. Appellant=s notice of appeal was not filed until February 13, 2002.

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 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 May 16, 2002.

Panel consists of Justices Yates, Seymore, and Guzman.

Do Not Publish Tex.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