-
11th Court of Appeals
Eastland, Texas
Opinion
William Tryon
Appellant
Vs. No. 11-04-00253-CR -- Appeal from Ector County
State of Texas
Appellee
The jury convicted William Tryon of possession of cocaine and assessed his punishment at confinement for eight years. We dismiss.
The trial court imposed the sentence in open court on August 18, 2004. A motion for new trial was not filed. On October 18, 2004, appellant filed a notice of appeal, 61 days after the date the judgment was imposed in open court. On October 22, 2004, appellant filed in this court a motion for extension of time in which to file his notice of appeal. Neither the notice of appeal nor the motion is timely. TEX.R.APP.P. 25.2, 26.2, & 26.3.
Absent a timely notice of appeal or the granting of a timely motion for extension of time, this court does not have jurisdiction to entertain an appeal. Slaton v. State, 981 S.W.2d 208 (Tex.Cr.App.1998); Olivo v. State, 918 S.W.2d 519 (Tex.Cr.App.1996); Rodarte v. State, 860 S.W.2d 108 (Tex.Cr.App.1993); Shute v. State, 744 S.W.2d 96 (Tex.Cr.App.1988). The motion for extension of time is overruled.
The appeal is dismissed for want of jurisdiction.
PER CURIAM
October 28, 2004
Do not publish. See TEX.R.APP.P. 47.2(b).
Panel consists of: Arnot, C.J., and
Wright, J., and McCall, J.
Document Info
Docket Number: 11-04-00253-CR
Filed Date: 10/28/2004
Precedential Status: Precedential
Modified Date: 9/10/2015