Amanda R. Thompson v. State ( 2005 )

Dismissed and Memorandum Opinion filed August 11, 2005

Dismissed and Memorandum Opinion filed August 11, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-00766-CR

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AMANDA R. THOMPSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 230th District Court

Harris County, Texas

Trial Court Cause No. 957,851

M E M O R A N D U M   O P I N I O N

After a plea of guilty to possession of less than one gram of cocaine, on January 13, 2004, the trial court deferred a finding of guilt and placed appellant on community supervision for three years.  On April 6, 2005, the State filed a motion to adjudicate appellant=s guilt.  On April 25, 2005, the trial court signed an order dismissing the cause, with a notation that the conditions of probation were amended and appellant would attend the Women Helping Ourselves (WHO) program.^[1]  Appellant filed a pro se notice of appeal on June 29, 2005.  We dismiss.

A defendant=s notice of appeal must be filed within thirty days after the trial court enters an appealable order or 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.

Appellant=s notice of appeal is untimely to perfect an appeal from the order deferring a finding of guilt and placing appellant on community supervision.  Our record contains no  order or judgment adjudicating guilt and sentencing appellant.  Moreover, the record contains an order dismissing the cause. Therefore, we lack jurisdiction over this attempted appeal.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed August 11, 2005.

Panel consists of Chief Justice Hedges and Justices Yates and Anderson.

Do Not Publish C Tex.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

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^[1]  The form order states the Acause@was dismissed, not that the motion to adjudicate was dismissed.