Opinion
No. 14-05-01025-CR
Opinion filed October 13, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 209th District Court, Harris County, Texas, Trial Court Cause No. 1009456. Dismissed.
Panel consists of Justices HUDSON, FROST, and SEYMORE.
MEMORANDUM OPINION
Appellant pled guilty to the offense of possession of a controlled substance. On February 15, 2005, the trial court issued an order deferring adjudication of guilt and placing appellant on community supervision for 2 years. The trial court also assessed a fine of $500. On March 29, 2005, the State moved to adjudicate appellant's guilt. The motion was dismissed on June 3, 2005, but the conditions of community supervision were amended. On September 28, 2005, appellant filed a notice of appeal. A defendant's notice of appeal must be filed within thirty days after sentence is imposed or after the day the trial court enters an appealable order. 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. Appellant's notice of appeal was not filed within thirty days after the trial court's order deferring adjudication was signed. Accordingly, the appeal is ordered dismissed.