Opinion
No. 14-05-01191-CR
Memorandum Opinion filed January 12, 2006. DO NOT PUBLISH.
On Appeal from the 184th District Court, Harris County, Texas, Trial Court Cause No. 988,838. Dismissed.
Panel consists of Justices FOWLER, EDELMAN, and GUZMAN.
MEMORANDUM OPINION
Appellant entered a plea of guilty to the offense of theft. The trial court deferred adjudication and placed appellant on community supervision for one year on March 2, 2005. Appellant's notice of appeal was not filed until June 24, 2005. A motion for new trial was filed. However, a motion for new trial is not an available remedy following an order for deferred adjudication because there has been no finding of guilt. See Donovan v. State, 68 S.W.3d 633, 636-37 (Tex.Crim.App. 2002). Accordingly, the motion for new trial did not operate to extend the appellate timetable. See Garcia v. State, 29 S.W.3d 899, 900-01 (Tex.App.-Houston [14th Dist.] 2000, no pet.). A defendant's notice of appeal must be filed within thirty days after the day the trial court enters an appealable order. See Tex.R.App.P. 26.2(a)(1). In this case, the appealable order is the order deferring adjudication. In order to perfect an appeal from that order, appellant was required to file her notice of appeal within thirty days after the order was entered, on March 2, 2005. See Garcia, 29 S.W.3d at 901. 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.