MARCO ANTONIO MEXICANO v. THE STATE OF TEXAS (2011)

MEMORANDUM OPINION

Opinion By Justice Francis

Marco Antonio Mexicano was convicted by a jury of possession with intent to deliver cocaine in an amount of 400 grams or more.   Punishment was assessed at fifteen years in prison and a $500 fine.   The sentence was imposed in open court on April 10, 2009.   No motion for new trial was filed in the case.   Therefore, appellant's notice of appeal was due by Monday, May 11, 2009.   See Tex.R.App. P. 4.1(a), (26.2(a)(1).   Appellant filed his notice of appeal on April 27, 2010, over one year after the sentence was imposed.   Because appellant's 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.

Tex.R.App. P. 47

101001F.U05

MOLLY FRANCIS JUSTICE