Dismissed and Memorandum Opinion filed January 26, 2006.
In The
Fourteenth Court of Appeals
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NO. 14-06-00002-CR
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JOSE RAMIRO URIAS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 337th District Court
Harris County, Texas
Trial Court Cause No. 899,995
M E M O R A N D U M O P I N I O N
After a plea of guilty to the offense of sexual assault of a child, appellant was placed on eight years of deferred adjudication community supervision and assessed a fine of $800. The State subsequently moved to adjudicate guilt. On November 18, 2005, appellant signed a stipulation of evidence, in which he agreed to waive any right of appeal he might have. On November 18, 2005, the trial court sentenced appellant to eight years in the Institutional Division of the Texas Department of Criminal Justice and assessed a fine of $800. No timely motion for new trial was filed. Appellant=s notice of appeal was not filed until December 27, 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). 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.
Additionally, appellant affirmatively waived the right of appeal in the stipulation of evidence, signed on November 18, 2005.
Accordingly, the appeal is ordered dismissed.
PER CURIAM
Judgment rendered and Memorandum Opinion filed January 26, 2006.
Panel consists of Justices Hudson, Frost, and Seymore.
Do Not Publish.