Roberto Lopez v. State ( 2006 )

Dismissed and Memorandum Opinion filed September 21, 2006

Dismissed and Memorandum Opinion filed September 21, 2006.

In The

Fourteenth Court of Appeals

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NO. 14-06-00749-CR

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ROBERTO LOPEZ, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Court at Law No. 2

Harris County, Texas

Trial Court Cause No. 5474

M E M O R A N D U M   O P I N I O N

After a jury trial, appellant was convicted of the misdemeanor offense of speeding and punishment was assessed at a fine of $75.00 by judgment signed September 12, 2005.  Appellant appealed this judgment to the County Court at Law and the judgment was affirmed by order signed July 13, 2006.  No timely motion for new trial was filed.  Appellant=s notice of appeal was not filed until August 24, 2006.

A defendant=s notice of appeal must be filed within thirty days after sentence is imposed, or after an appealable order is signed, 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 September 21, 2006.

Panel consists of Justices Anderson, Hudson, and Guzman.

Do Not Publish C Tex.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