Opinion
No. 05-09-01026-CR
Opinion issued November 9, 2009. DO NOT PUBLISH. TEX. R. APP. P. 47.
On Appeal from the 204th Judicial District Court, Dallas County, Texas, Trial Court Cause No. F08-54487-Q.
Before Justices MORRIS, BRIDGES, and MURPHY.
MEMORANDUM OPINION
In this case, appellant was convicted of delivery of cocaine in an amount less than one gram. Punishment, enhanced by two prior felony convictions, was assessed at eight years' imprisonment. Sentence was imposed in open court on April 15, 2009 and no motion for new trial was filed. Therefore, appellant's notice of appeal was due by May 15, 2009. See Tex. R. App. P. 26.2(a)(1). Appellant filed his notice of appeal on August 20, 2009, more than three months late. Because appellant's notice of appeal is untimely, we have no 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.