Dismissed and Memorandum Opinion filed October 11, 2007.
In The
Fourteenth Court of Appeals
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NO. 14-07-00793-CR
NO. 14-07-00794-CR
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ENRIQUE S. ALARCON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 177th District Court
Harris County, Texas
Trial Court Cause Nos. 854662 & 854661
M E M O R A N D U M O P I N I O N
Appellant was found guilty of aggravated assault and aggravated kidnapping. On May 4, 2001, the trial court sentenced appellant to confinement for forty-eight years in cause number 854661 and confinement for forty-five years in cause number 854662 in the Institutional Division of the Texas Department of Criminal Justice, with the sentences to be served concurrently. Appellant=s conviction was affirmed. See Alarcon v. State, Nos. 14-01-00793-CR and 14-01-00794-CR (Tex. App.CHouston [14th Dist.] Sept. 12, 2002, no pet.) (not designated for publication).
Appellant requested post-conviction forensic DNA testing pursuant to Chapter 64 of the Texas Code of Criminal Procedure in both cases. On August 9, 2007, the trial court denied appellant=s request for DNA testing. No motion for new trial was filed. Appellant=s notice of appeal for both cases was filed September 18, 2007, more than thirty days after the trial court signed the order being appealed.
When a defendant has not filed a motion for new trial, his notice of appeal must be filed within thirty days after sentence is imposed or within thirty days after the trial court enters an appealable order. 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 appeals are ordered dismissed.
PER CURIAM
Judgment rendered and Memorandum Opinion filed October 11, 2007.
Panel consists of Chief Justice Hedges and Justices Anderson and Seymore.
Do Not Publish C Tex. R. App. P. 47.2(b).