DEREK DEWAYNE MILBURN v. THE STATE OF TEXAS (2017)

MEMORANDUM OPINION

The trial court adjudicated appellant's guilt for manufacture or delivery of a controlled substance and sentenced appellant to confinement for twenty-five years on January 6, 2015. Appellant's notice of appeal was due February 5, 2015, but was not filed until August 11, 2017.

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 that complies with the requirements of Texas Rule of Appellate Procedure 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