Dismissed and Memorandum Opinion filed August 26, 2004.
In The
Fourteenth Court of Appeals
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NO. 14-04-00763-CR
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JAMINICK LEWAYNE DAVIS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 351st District Court
Harris County, Texas
Trial Court Cause No. 990,945
M E M O R A N D U M O P I N I O N
Appellant entered a guilty plea to the offense of burglary with intent to commit theft. In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant on June 25, 2004, to confinement for one year in the State Jail Division of the Texas Department of Criminal Justice. Appellant filed an untimely pro se notice of appeal. Because appellant has no right to appeal, we dismiss.
The trial court entered a certification of the defendant=s right to appeal in which the court certified that this is a plea bargain case, and the defendant has no right of appeal. See Tex. R. App. P. 25.2(a)(2). The trial court=s certification is included in the record on appeal. See Tex. R. App. P. 25.2(d).
Additionally, the notice of appeal was not timely filed. 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.
Appellant=s notice of appeal was filed on August 2, 2004. Even considering the notice of appeal filed on the date it was mailed, July 29, 2004, the notice of appeal was not timely filed.
Accordingly, we dismiss the appeal.
PER CURIAM
Judgment rendered and Memorandum Opinion filed August 26, 2004.
Panel consists of Justices Anderson, Hudson, and Frost.
Do Not Publish C Tex. R. App. P. 47.2(b).