Michael Lawrence Smallwood v. The State of Texas--Appeal from 240th District Court of Fort Bend County

Dismissed and Memorandum Opinion filed October 9, 2003.

In The

Fourteenth Court of Appeals

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NO. 14-03-01062-CR

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MICHAEL LAWRENCE SMALLWOOD, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 240th District Court

Fort Bend County, Texas

Trial Court Cause No. 36,456

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

After a plea of guilty, appellant was convicted of the offense of aggravated robbery and sentenced to twenty-two years= confinement in the Institutional Division of the Texas Department of Criminal Justice on April 1, 2003. No timely motion for new trial was filed. Appellant=s notice of appeal was not filed until September 12, 2003.

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). 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 October 9, 2003.

Panel consists of Justices Edelman, Frost, and Guzman.

Do Not Publish C Tex.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