Lerma, Larry v. State
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Opinion
Dismissed and Memorandum Opinion filed September 11, 2003.
In The
Fourteenth Court of Appeals
____________
NO. 14-03-00939-CR
LARRY LERMA, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 400th District Court
Fort Bend County, Texas
Trial Court Cause No. 29,693A
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 offense of murder and sentenced to ninety-nine years in the Institutional Division of the Texas Department of Criminal Justice on July 24, 1998. No timely motion for new trial was filed. Appellant=s notice of appeal was not filed until August 18, 2003.
A defendant=s notice of appeal must be filed within thirty 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 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 Opinion filed September 11, 2003.
Panel consists of Justices Edelman, Frost, and Guzman.
Do Not Publish C Tex. R. App. P. 47.2(b).
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