Arvin Alexis Barboza v. The State ofTexas Appeal from 178th District Court of Harris County (memorandum opinion per curiam)

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Dismissed and Memorandum Opinion filed October 26, 2017. In The Fourteenth Court of Appeals NO. 14-17-00823-CR ARVIN ALEXIS BARBOZA, Appellant V. THE STATE OFTEXAS, Appellee On Appeal from the 178th District Court Harris County, Texas Trial Court Cause No. 1473073 MEMORANDUM OPINION After an open plea of guilty, appellant was convicted of the offense of aggravated robbery with a deadly weapon and sentenced on August 3, 2017. No timely motion for new trial was filed. Appellant’s notice of appeal was not filed until October 3, 2017. A defendant’s notice of appeal must be filed within 30 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 that complies with the requirements of Texas Rule of Appellate Procedure 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 Panel consists of Justices Christopher, Brown, and Wise. Do Not Publish — Tex. R. App. P. 47.2(b). 2