Opinion
No. 05-10-00249-CR
Opinion Filed April 5, 2010. DO NOT PUBLISH. Tex. R. App. P. 47.
On Appeal from the 219th Judicial District Court, Collin County, Texas, Trial Court Cause No. 219-80280-04.
Before Justices O'NEILL, LANG, and MYERS.
MEMORANDUM OPINION
In one indictment, appellant was charged in five counts with sexual assault of a child and indecency with a child. Appellant was convicted of the offenses alleged in Count 2, indecency with a child by contact, and Counts 3 and 5, indecency with a child by exposure. For each count, the jury assessed punishment at ten years' imprisonment, probated for ten years, and a $10,000 fine. The State later moved to revoke appellant's community supervision as to the convictions for Counts 2 and 3. Following a hearing, the trial court revoked appellant's community supervision and assessed punishment at seven years' imprisonment for each count. Sentence was imposed in open court on September 18, 2009 and no motion for new trial was filed. Therefore, appellant's notice of appeal was due by Monday, October 19, 2009. See Tex. R. App. P. 4.1(a), 26.2(a)(1). Appellant's February 16, 2010 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 State also moved to revoke community supervision as to the conviction for Count 5, but subsequently withdrew that motion.