Dismissed and Memorandum Opinion filed February 26, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00146-CR

____________

THOMAS EDWARD MCDOWELL, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Cause No. 620872

M E M O R A N D U M   O P I N I O N

Appellant sought DNA testing of evidence in trial court case number 620871.  The trial judge denied this request by written order signed September 5, 2008.  No timely motion for new trial was filed.  Appellant=s notice of appeal was not filed until January 29, 2009.

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.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Yates, Guzman, and Sullivan.

Do Not Publish C Tex.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