Dismissed and Memorandum Opinion filed August 19, 2004.
In The
Fourteenth Court of Appeals
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NO. 14-04-00733-CR
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MARK ANTHONY BROWN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 179th District Court
Harris County, Texas
Trial Court Cause No. 977,366
M E M O R A N D U M O P I N I O N
Appellant entered a guilty plea to attempted indecency with a child. In accordance with the terms of a plea bargain agreement with the State, on May 5, 2004, the trial court sentenced appellant to confinement for twelve months in the State Jail Division of the Texas Department of Criminal Justice. Appellant filed an untimely pro se notice of appeal on July 26, 2004. We dismiss the appeal for want of jurisdiction.
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.
In addition, 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).
Accordingly, the appeal is ordered dismissed.
PER CURIAM
Judgment rendered and Memorandum Opinion filed August 19, 2004.
Panel consists of Chief Justice Hedges and Justices Fowler and Seymore.
Do Not Publish C Tex. R. App. P. 47.2(b).