Richardson, David Johnny v. The State of Texas--Appeal from 21st District Court of Washington County

Dismissed and Memorandum Opinion filed August 25, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-00688-CR

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DAVID JOHNNY RICHARDSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 21st District Court

Washington County, Texas

Trial Court Cause No. 13,536

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 confinement for ten years in the Institutional Division of the Texas Department of Criminal Justice on March 21, 2002. Appellant=s notice of appeal was not filed until July 7, 2005.

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 Memorandum Opinion filed August 25, 2005.

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

Do Not Publish C Tex.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