Dismissed and Memorandum Opinion filed June 18, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-09-00485-CR

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LEONARD WATKINS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 183rd District Court

Harris County, Texas

Trial Court Cause No. 1190210

M E M O R A N D U M   O P I N I O N

Appellant entered a guilty plea, without an agreed recommendation on punishment, to possession of less than one gram of cocaine.  On January 12, 2009, the trial court sentenced appellant to confinement for 90 days in the Harris County Jail.  No timely motion for new trial was filed.  Appellant=s notice of appeal was not filed until May 13, 2009.

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 that 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.

PER CURIAM

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

Do Not Publish C Tex.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