IRAN SMITH v. THE STATE OF TEXAS

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Court of Appeals of Texas, Dallas.

IRAN SMITH, Appellant v. THE STATE OF TEXAS, Appellee

No. 05-10-00101-CR

Decided: January 27, 2010

Before Justices Morris, O'Neill, and Fillmore

MEMORANDUM OPINION

Iran Smith was convicted of aggravated robbery.   On December 11, 2008, the trial court sentenced appellant to forty-five years' imprisonment.   No motion for new trial was filed;  therefore, appellant's notice of appeal was due by Monday, January 12, 2009.   See Tex.R.App. P. 4.1(a), 26.2(a).   Appellant's November 11, 2009 notice of appeal is untimely, leaving us without 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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