Lewis, Dushay v. State ( 2003 )

Dismissed and Memorandum Opinion filed December 23, 2003

Dismissed and Memorandum Opinion filed December 23, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-01258-CR

____________

DUSHAY LEWIS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 23rd District Court

Brazoria County, Texas

Trial Court Cause No. 43,386

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 possession of a controlled substance with intent to deliever  and sentenced to ten years= confinement on July 11, 2003.  An untimely motion for new trial was filed on August 20, 2003.  Appellant=s notice of appeal was not filed until August 20, 2003.

A defendant=s notice of appeal must be filed within thirty days after sentence is imposed when the defendant has not filed a timely 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 December 23, 2003.

Panel consists of Justices Edelman, Frost, and Guzman.

Do Not Publish C Tex.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