RONALD DWAYNE WHITFIELD v. THE STATE OF TEXAS (2017)

MEMORANDUM OPINION

On February 18, 1988, appellant Ronald Dwayne Whitfield pleaded guilty to the offense of theft. The trial court deferred adjudication of guilt and placed appellant on deferred-adjudication probation for one year. No timely motion for new trial was filed. Appellant's notice of appeal was not filed until January 30, 2017.

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 that complies with the requirements of Texas Rule of Appellate Procedure 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.

PER CURIAM