WALTER DIAZ APPELLANT v. << (2010)

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

THE STATE OF TEXAS

STATE

MEMORANDUM OPINION1

Appellant filed a notice of appeal challenging his conviction and probated sentence for unauthorized use of a motor vehicle.   The trial court sentenced appellant on April 29, 2010, and appellant filed a timely motion for new trial.   Accordingly, appellant's notice of appeal was due July 28, 2010.   See Tex.R.App. P. 26.2(a)(2).   Appellant did not file a notice of appeal until August 11, 2010, and he did not file a timely motion to extend time to file the notice of appeal.   See Tex.R.App. P. 26.3.   Appellant's counsel responded to a prior inquiry regarding the trial court's certification, but he did not respond to our inquiry regarding the late notice of appeal.   Nevertheless, his response regarding the certification does not show grounds for continuing the appeal.

Accordingly, we dismiss this appeal for want of jurisdiction.   See Tex.R.App. P. 43.2(f);  Olivo v. State, 918 S.W.2d at 519, 522-23 (Tex.Crim.App.1996).

PANEL:  LIVINGSTON, C.J.;   DAUPHINOT and GARDNER, JJ.

Tex.R.App. P. 47.2(b)

DELIVERED:  October 28, 2010

FOOTNOTES

FN1. See Tex.R.App. P. 47.4..  FN1. See Tex.R.App. P. 47.4.