Opinion
No. 05-05-01684-CR
Opinion issued January 11, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the 265th Judicial District Court, Dallas County, Texas, Trial Court Cause No. F04-59217-IR. Dismissed.
Before Justices WHITTINGTON, WRIGHT, and MAZZANT.
MEMORANDUM OPINION
Alex Fernando Asuncion pleaded guilty to aggravated sexual assault of a child. On September 23, 2005, the trial court sentenced appellant to fifteen years' imprisonment. No motion for new trial was filed; therefore, appellant's notice of appeal was due by Monday, October 24, 2005. See Tex.R.App.P. 4.1(a), 26.2(a)(1). Appellant's notice of appeal was filed November 3, 2005. Although appellant's notice of appeal was filed within the fifteen-day period provided by rule 26.3(a), appellant did not file an extension motion in this Court within that same fifteen-day period. See Tex.R.App.P. 26.3(a), (b). Therefore, appellant's November 3, 2005 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.
The envelope in which the notice of appeal was mailed was post-marked October 28, 2005. Therefore, appellant does not receive the benefit of the mailbox rule. See Tex.R.App.P. 9.2(b) (document must be deposited in mail on or before last day for filing).