GARY JENKINS JR v. THE STATE OF TEXAS (2010)

Court of Appeals of Texas, Dallas.

GARY JENKINS, JR., Appellant v. THE STATE OF TEXAS, Appellee

No. 05-10-00311-CR

Decided: September 07, 2010

Before Justices Morris, Moseley, and Myers

MEMORANDUM OPINION

After a jury found Gary Jenkins, Jr. guilty of aggravated robbery, the trial court sentenced appellant to five years' imprisonment. Punishment was imposed in open court on January 21, 2010. Absent a timely motion for new trial, appellant's notice of appeal was due by Monday, February 22, 2010. See Tex.R.App. P. 4.1(a), 26.2(a)(1). Appellant filed his notice of appeal on March 10, 2010. Appellant did not respond to our letter inquiring about our jurisdiction over the appeal, nor has he presented anything to show a timely motion for new trial extended the time for filing his notice of appeal. Because appellant's March 10, 2010 notice of appeal is untimely, we have no jurisdiction over the appeal. See 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.).

We dismiss the appeal for want of jurisdiction.

PER CURIAM

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