Rodney Wayne Smith v. State

Opinion

Dismissed and Memorandum Opinion filed January 31, 2008

Dismissed and Memorandum Opinion filed January 31, 2008.

In The

Fourteenth Court of Appeals

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NO. 14-08-00026-CR

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RODNEY WAYNE SMITH, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 228th District Court

Harris County, Texas

Trial Court Cause No. 335645

M E M O R A N D U M   O P I N I O N

In the trial court, appellant filed a petition for an order compelling discovery.  The trial court granted this petition.  The State moved for new trial.  On September 6, 2007, the trial court entered an order rescinding its previous order and denying appellant=s petition for an order compelling discovery.  Appellant did not file a timely motion for new trial.  Appellant filed an untimely request for findings of fact and conclusions of law on October 26, 2007. Appellant=s notice of appeal was not filed until December 31, 2007.

A defendant=s notice of appeal must be filed within thirty days after sentence is imposed, or other 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 that 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 January 31, 2008.

Panel consists of Justices Yates, Guzman, and Brown.

Do Not Publish C Tex.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