Dismissed and Memorandum Opinion filed December 2, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-04-01071-CR

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JOE KINDELAN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 232nd District Court

Harris County, Texas

Trial Court Cause No. 984,866

M E M O R A N D U M   O P I N I O N

After a plea of guilty, appellant was convicted of the offense of arson and sentenced to ten years= imprisonment  on September 23, 2004.  No timely motion for new trial was filed.  Appellant=s notice of appeal was not filed until October 28, 2004.

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 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

Judgment rendered and Memorandum Opinion filed December 2, 2004.

Panel consists of Justices Yates, Edelman, and Guzman.

Do Not Publish C Tex. R. App. P. 47.2(b).