Charles Stoneham Jr. v. The State of Texas--Appeal from 248th District Court of Harris County

Dismissed and Memorandum Opinion filed September 4, 2008.

In The

Fourteenth Court of Appeals

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NO. 14-08-00704-CR

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CHARLES STONEHAM, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 248th District Court

Harris County, Texas

Trial Court Cause No. 1129221

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

Appellant was convicted of the offense of aggravated robbery and was sentenced on March 25, 2008, to five years= confinement in the Texas Department of Criminal Justice, Institutional Division. A timely motion for new trial was filed. Appellant=s notice of appeal was not filed until July 23, 2008, which is 120 days after sentence was imposed.

A defendant=s notice of appeal must be filed within ninety days after sentence is imposed when the defendant has filed a timely motion for new trial. See Tex. R. App. P. 26.2(a)(2). 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 4, 2008.

Panel consists of Justices Yates, Seymore, and Boyce.

Do Not Publish C Tex.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