Opinion
No. 10-06-00005-CR
Opinion delivered and filed February 15, 2006. DO NOT PUBLISH.
Appeal from the 12th District Court, Walker County, Texas, Trial Court No. 21723. Appeal dismissed.
Before Cheif Justice GRAY, Justice VANCE, and, Justice REYNA.
MEMORANDUM OPINION
Appellant's trial counsel filed a notice of appeal in the above cause on November 30, 2005, fifty-five days after imposition of sentence. The court appointed appellate counsel twenty-one days later. Newly-appointed appellate counsel filed a notice of appeal on January 10, 2006 and an extension request with this Court on January 23. Appellant's original notice of appeal is untimely. See TEX. R. APP. P. 26.2(a)(1); Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998); Fowler v. State, 16 S.W.3d 426, 428 (Tex.App.-Waco 2000, pet. ref'd). Appellant's motion for an extension of time to file the notice of appeal is untimely. See TEX. R. APP. P. 26.3(b). Accordingly, the motion is denied, and the appeal is dismissed for want of jurisdiction. See Slaton, 981 S.W.2d at 210; Fowler, 16 S.W.3d at 428.
Newly-appointed counsel also filed an untimely motion for new trial on January 10, 2006.