Aguilar, Daniel v. State ( 2005 )

Dismissed and Memorandum Opinion filed February 17, 2005

Dismissed and Memorandum Opinion filed February 17, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-00134-CR

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DANIEL AGUILAR, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 209th District Court

Harris County, Texas

Trial Court Cause No. 1004878

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 kidnapping and sentenced on December 1, 2004, to ten years= imprisonment in the Texas Department of Criminal Justice, Institutional Division. No timely motion for new trial was filed.^[1]  Appellant=s notice of appeal was not filed until January 31, 2005.

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 February 17, 2005.

Panel consists of Justices Yates, Anderson, and Hudson.

Do Not Publish C Tex.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

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^[1]  Appellant filed a Motion to Withdraw Plea of Guilty on January 31, 2005.