Opinion
No. 11-07-00067-CR
Opinion filed April 5, 2007. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).
On Appeal from the 244th District Court Ector County, Texas, Trial Court Cause No. C-33,037.
Panel consists of: WRIGHT, C.J., McCALL, J., and STRANGE, J.
OPINION
The jury convicted Ramon Calderon Garcia of driving while intoxicated as a subsequent offense, found an enhancement allegation to be true, and sentenced him to confinement for ten years. Sentence was imposed in open court on November 2, 2006. Appellant filed a notice of appeal on March 20, 2007, 138 days after the date the sentence was imposed. On March 22, 2007, appellant filed a motion to extend time in which to file his notice of appeal. A motion for new trial was not filed. Neither the notice of appeal nor the motion for extension of time were timely filed. TEX. R. APP. P. 26.2, 26.3. Absent a timely notice of appeal or compliance with Rule 26.3, this court lacks jurisdiction to entertain an appeal. Slaton v. State, 981 S.W.2d 208 (Tex.Crim.App. 1998); Olivo v. State, 918 S.W.2d 519 (Tex.Crim.App. 1996); Rodarte v. State, 860 S.W.2d 108 (Tex.Crim.App. 1993); Shute v. State, 744 S.W.2d 96 (Tex.Crim.App. 1988). Appellant may be able to secure an out-of-time appeal by filing a postconviction writ pursuant to TEX. CODE CRIM. PROC. ANN. art. 11.07 (Vernon 2005). The motion is overruled, and the appeal is dismissed.