Opinion
No. 10-06-00172-CR
Opinion delivered and filed August 9, 2006. DO NOT PUBLISH.
Appeal from the 278th District Court, Walker County, Texas, Trial Court No. 22879. Appeal dismissed.
Before Cheif Justice GRAY, Justice VANCE, and, Justice REYNA.
MEMORANDUM OPINION
Roger B. Williams was convicted of possession of a controlled substance and sentenced to two years in state jail on March 3, 2006. He did not make any requests that would extend the time to file a notice of appeal; therefore, his notice of appeal was due April 2, 2006. TEX. R. APP. P. 26.2(a)(1). Williams filed a notice of appeal on May 4, 2006, 32 days late. We have no jurisdiction of an untimely filed notice of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996). The Clerk of this Court warned Williams that because the notice of appeal appeared untimely, the Court may dismiss the appeal unless a response was filed showing grounds for continuing the appeal. See TEX. R. APP. P. 44.3. Recognizing that the notice of appeal was untimely, Williams request that this Court grant him an out of time appeal. We have no jurisdiction to grant that request. Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996); Fowler v. State, 16 S.W.3d 426, 427-428 (Tex.App.-Waco, pet. ref'd). This appeal is dismissed.