EUGENE SHANNON ABNER v. THE STATE OF TEXAS (2017)

MEMORANDUM OPINION

Appellant appeals a conviction for aggravated sexual assault of a child. On October 22, 1992, after violating the terms of his deferred adjudication, the trial court signed a judgment adjudicating appellant's guilt and sentenced him to confinement for 30 years in the Institutional Division of the Texas Department of Criminal Justice. No motion for new trial was filed. Appellant's notice of appeal was not filed until August 1, 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.

PER CURIAM