STEVEN ANGEL LEAL v. THE STATE OF TEXAS (2017)

MEMORANDUM OPINION

Appellant Steven Angel Leal was convicted of the offense of assault on a family or household member, with a previous conviction, and sentenced to eight years in the Institutional Division of the Texas Department of Criminal Justice on November 11, 2015. No timely motion for new trial was filed. Appellant's notice of appeal was not filed until October 24, 2016.

A defendant's notice of appeal must be filed within 30 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 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 appeal is ordered dismissed. Appellant's pending motion for appointment of counsel on appeal is denied as moot.

PER CURIAM