Opinion
No. 05-04-00404-CR
Opinion Filed November 19, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the County Court at Law No. 5, Collin County, Texas, Trial Court Cause No. 005-86452-02. Dismissed.
Before Justices O'NEILL, LANG, and LANG-MIERS.
MEMORANDUM OPINION
Mario Rynel Bassett was convicted of theft in an amount of $50 or more but less than $500. Punishment was assessed at 120 days' confinement in jail, probated for one year, and a $250 fine and was imposed on January 7, 2004. The State has filed a motion to dismiss the appeal, contending the notice of appeal is untimely. Appellant did not respond. We have reviewed the record, and agree with the State. Appellant's motion for new trial was due to be filed by February 6, 2004. See Tex.R.App.P. 21.4(a). According to the record, appellant filed a motion for new trial on February 9, 2004, three days late. Because no timely motion for new trial was filed, appellant's notice of appeal was due by February 6, 2004. See Tex.R.App.P. 26.2(a)(1). Appellant filed his notice of appeal on March 17, 2004. Therefore, appellant's notice of appeal is, therefore, 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.). Accordingly, we grant the State's November 1, 2004 motion to dismiss the appeal. We dismiss the appeal for want of jurisdiction.
The verification on the motion for new trial reflects that it was sworn and subscribed to before a notary on February 9, 2004.