Opinion
No. 05-09-00917-CR
Opinion Filed August 20, 2009. DO NOT PUBLISH Tex. R. App. P. 47.
On Appeal from the 265th Judicial District Court Dallas County, Texas, Trial Court Cause No. F05-56038-R.
Before Justices MORRIS, RICHTER, and LANG-MIERS.
MEMORANDUM OPINION
On November 18, 2005, Calvin Lewis Farrow entered a negotiated guilty plea to the offense of robbery and was placed upon deferred adjudication community supervision. On January 8, 2008, the trial court adjudicated appellant guilty and assessed punishment at ten years' confinement. After imposition of sentence on January 8, 2008, appellant's notice of appeal was due on or before February 7, 2008. If appellant filed a motion for new trial, the notice of appeal due date would be extended to April 7, 2008. See Tex. R. App. P. 4.1(a), 26.2(a)(1). Appellant's notice of appeal in this case states it was prepared on July 13, 2009. The envelope in which it was mailed bears a date of July 14, 2009. The notice of appeal was filed with the district clerk on July 21, 2009. Thus, appellant's notice of appeal is untimely. Because appellant's notice of appeal is untimely, we have no jurisdiction over the appeal. See Slaton v. State, 971 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.). Accordingly, we dismiss the appeal for want of jurisdiction.