Dismissed and Memorandum Opinion filed May 15, 2008.

In The

Fourteenth Court of Appeals

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NO. 14-08-00292-CR

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MACDONALD OKECHUKWU OSUAGWU, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Court at Law No. 1

Fort Bend County, Texas

Trial Court Cause No. 126673

M E M O R A N D U M   O P I N I O N

After a jury trial, appellant was convicted of possession of marijuana, and on October 22, 2007, the court sentenced appellant to confinement in jail for 90 days.  No timely motion for new trial was filed.  Appellant=s notice of appeal was not filed until April 2, 2008.

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 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.

Appellant=s notice of appeal is untimely.^[1]  Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed May 15, 2008.

Panel consists of Chief Justice Hedges and Justices Anderson and Boyce.

Do Not Publish C Tex.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