Opinion
No. 10-04-00145-CR
Opinion delivered and filed August 18, 2004.
Appeal from the 54th District Court McLennan County, Texas, Trial Court No. 2004-490-C. Appeal dismissed.
William G. Nellis, Attorney at Law, Dallas, TX, for appellant/relator. John W. Segrest, McLennan County District Attorney, for appellee/respondent.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
Donald Ray Evans seeks to appeal a narcotics conviction. However, he filed his motion for new trial at least forty days after imposition of sentence and his notice of appeal forty-nine days after imposition of sentence. Because Evans's motion for new trial was untimely, the notice of appeal was untimely. See Portley v. State, 89 S.W.3d 188, 189 (Tex. App.-Texarkana 2002, no pet.); TEX. R. APP. P. 26.2(a). Accordingly, the appeal is dismissed.
The court imposed sentence on May 12, 2004. The certificate of service on the motion for new trial recites that Evans served a copy on counsel for the State on June 22. The motion bears a stamp indicating that it was received by the trial court on June 22 and a file-stamp indicating that it was docketed by the district clerk on June 30. Evans filed his notice of appeal with the district clerk on June 30.