Dismissed and Memorandum Opinion filed July 27, 2006.
In The
Fourteenth Court of Appeals
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NO. 14-06-00539-CR
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JAIME HERNANDEZ ALEJANDRO, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 208th District Court
Harris County, Texas
Trial Court Cause No. 1016308
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 possession with intent to deliver a controlled substance. On March 30, 2006, appellant was sentenced to fifty years= imprisonment in the Texas Department of Criminal Justice, Institutional Division and a fine of $50,000 was assessed. No timely motion for new trial was filed. Appellant=s notice of appeal was not filed until June 8, 2006.
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 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.
Appellant=s counsel asks that we consider appellant=s pauper=s oath, filed on April 10, 2006, and a designation of record on appeal on April 12, 2006, as sufficient to show appellant=s intent to appeal. Although the Court of Criminal Appeals may consider these facts in determining whether to grant an out-of-time appeal, Jones v. State, 98 S.W.3d 700, 703-04 (Tex. Crim. App. 2003), the court of appeals must dismiss wheren no timely notice of appeal has been filed. Slaton, 981 S.W.2d at 210.
Accordingly, the appeal is ordered dismissed.
PER CURIAM
Judgment rendered and Memorandum Opinion filed July 27, 2006.
Panel consists of Justices Anderson, Edelman, and Frost.
Do Not Publish C Tex. R. App. P. 47.2(b).