Dismissed and Memorandum Opinion filed December 18, 2003.
In The
Fourteenth Court of Appeals
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NO. 14-03-01315-CR
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VIHN B. PHAM, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 228th District Court
Harris County, Texas
Trial Court Cause No. 932,038
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 aggravated assault and sentenced to confinement for three years in the Institutional Division of the Texas Department of Criminal Justice on April 22, 2003. No timely motion for new trial was filed. Appellant=s notice of appeal was not filed until October 22, 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 Memorandum Opinion filed December 18, 2003.
Panel consists of Chief Justice Hedges and Justices Anderson and Seymore.
Do Not Publish C Tex. R. App. P. 47.2(b).