Charles, Quinn Michael v. The State of Texas--Appeal from 263rd District Court of Harris County

Dismissed and Opinion filed June 13, 2002.

In The

Fourteenth Court of Appeals

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NOS. 14-02-00414-CR &

14-02-00415-CR

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QUINN MICHAEL CHARLES, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 263rd District Court

Harris County, Texas

Trial Court Cause Nos. 876,243 & 876,242

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

After a jury trial, appellant was convicted on two counts of sexual assault of a child and sentenced to ten years confinement in the Texas Department of Criminal Justice--Institutional Division, suspended, on January 22, 2002. No motion for new trial was filed. Appellant=s first notice of appeal was filed timely on February 18, 2002; however, the record shows this notice of appeal was withdrawn. A subsequent notice of appeal was filed March 26, 2002; however, because no motion for new trial was filed, this second notice of appeal was untimely.

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 June 13, 2002.

Panel consists of Justices Hudson, Fowler, and Edelman.

Do Not Publish Tex.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