Opinion
No. 05-04-01367-CR
Opinion Filed May 2, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the County Criminal Court No. 8 Dallas County, Texas, Trial Court Cause No. MA02-58065-J. Dismissed.
Before Justices WHITTINGTON, MOSELEY, and LANG-MIERS.
MEMORANDUM OPINION
A jury found Glenn Alan Hughes guilty of resisting arrest. On June 2, 2004, the trial judge sentenced appellant to 150 days' confinement in jail. No timely motion for new trial was filed; therefore, appellant's notice of appeal was due by July 2, 2004. See Tex.R.App.P. 26.2(a)(1). Appellant's September 13, 2004 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); Olivo v. State, 918 S.W.2d 519, 523 (Tex.Crim.App. 1996); Boyd v. State, 971 S.W.2d 603, 605-06 (Tex.App.-Dallas 1998, no pet.). We dismiss the appeal for want of jurisdiction.
Appellant filed an untimely motion for new trial on August 17, 2004. See Tex.R.App.P. 21.4(a) (motion for new trial due within thirty days after date sentenced imposed or suspended in open court).