Opinion
No. 05-07-00482-CR
Opinion Filed July 6, 2007. DO NOT PUBLISH. Tex. R. App. P. 47.
On Appeal from the Criminal District Court No. 4 Dallas County, Texas, Trial Court Cause No. F06-71162-K.
Before Justices MOSELEY, O'NEILL, and FITZGERALD.
MEMORANDUM OPINION
Oscar Lennox Brown was convicted of possession of cocaine in an amount less than one gram. On December 20, 2006, the trial court assessed punishment at two years' confinement in a state jail facility, probated for five years, and $750 fine. Appellant did not file a motion for new trial; therefore, his notice of appeal was due by January 19, 2007. See Tex. R. App. P. 26.2(a)(1). Appellant's notice of appeal was filed on February 6, 2007, and the envelope in which it was mailed to this Court is post-marked February 5, 2007. Therefore, appellant's notice of appeal was filed within the fifteen-day period provided by rule of appellate procedure 26.3. See Tex. R. App. P. 26.3(a). Appellant did not, however, file an extension motion in this Court within that same fifteen-day period. See Tex. R. App. P. 26.3(b); Therefore, we do not have 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.
The fifteenth day fell on Saturday February 3, 2007; therefore, the time was extended to Monday, February 5, 2007. See Tex. R. App. P. 4.1(a).