BENJAMIN CRAIG LEWIS v. THE STATE OF TEXAS (2010)

MEMORANDUM OPINION

Benjamin Craig Lewis was convicted of possession of cocaine in an amount less than one gram.   The trial judge sentenced appellant to confinement in a state jail facility for 230 days.   On July 16, 2010, the State filed a motion to dismiss the appeal for want of jurisdiction asserting the notice of appeal is untimely.   Appellant did not respond to the State's motion.   We conclude we have no jurisdiction over the appeal.

In this case, the trial judge imposed sentence in open court on December 4, 2009.   No motion for new trial was filed so appellant's notice of appeal was due by Monday, January 4, 2010.   See Tex.R.App. P. 4.1(a), 26.2(a)(1).   Appellant filed his notice of appeal on January 12, 2010, eight days late.   Nothing in the record reflects appellant mailed the notice of appeal on or before January 4, 2010, see Tex.R.App. P. 9.2(b), nor did appellant file an extension motion in this Court by January 19, 2010.   See Tex.R.App. P. 26.3(b) (extension motion due within fifteen days of date notice of appeal due);  Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App.1998) (per curiam);  Boyd v. State, 971 S.W.2d 603, 605-06 (Tex.App.-Dallas 1998, no pet.).

Because appellant's January 12, 2010 notice of appeal is untimely, we have no jurisdiction over the appeal.   We grant the State's motion to dismiss.

We dismiss the appeal for want of jurisdiction.

Tex.R.App. P. 47

100541F.U05

PER CURIAM