Opinion
No. 14-05-00839-CR
Opinion filed November 17, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 228th District Court, Harris County, Texas, Trial Court Cause No. 1015172. Dismissed.
Panel consists of Justices HUDSON, FROST, and SEYMORE.
MEMORANDUM OPINION
After appellant pled guilty without an agreed recommendation from the State on sentencing, the trial court entered an order on June 24, 2005, deferring adjudication of guilt and placing appellant on ten years' community supervision. Appellant filed a motion for new trial on July 22, 2005. Appellant's notice of appeal was not filed until August 4, 2005. 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). An order deferring adjudication of guilt, however, is not a finding or verdict of guilt, and therefore, an appellant is not entitled to seek a new trial by filing a motion for new trial after adjudication is deferred. Donovan v. State, 68 S.W.3d 633, 636 (Tex.Crim.App. 2002). Because appellant is not entitled to file a motion for new trial, the motion for new trial filed by appellant does not extend the appellate deadline for filing the notice of appeal. 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. The notice of appeal was not filed within thirty days after the signing of the order deferring adjudication of guilt. Accordingly, the appeal is ordered dismissed.