Opinion
NO. 14-16-00082-CR
02-09-2016
CHRISTINA MARIE HARRISON, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 262nd District Court Harris County, Texas
Trial Court Cause No. 1484172
MEMORANDUM OPINION
Appellant was indicted for tampering with, or fabricating, physical evidence. On December 9, 2015, the trial court granted the State's motion to dismiss the charge because appellant had been convicted in another case. Appellant filed a pro se notice of appeal on January 26, 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, 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.
Moreover, an order granting the State's motion to dismiss is not a separately appealable order. Because this appeal does not fall within the exceptions to the general rule that appeal may be taken only from a final judgment of conviction, we have no jurisdiction.
Accordingly, the appeal is ordered dismissed.
PER CURIAM Panel consists of Justices Jamison, Donovan, and Brown. Do Not Publish — Tex. R. App. P. 47.2(b).