Opinion
No. 05-04-00148-CR.
Opinion Filed February 19, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the Criminal District Court No. 5, Dallas County, Texas, Trial Court Cause No. F03-56159-Ql. Dismiss.
Before Justices MORRIS, FITZGERALD, and FRANCIS.
MEMORANDUM OPINION
Shelly Leann Hicks pleaded guilty to credit card abuse. See Tex. Pen. Code Ann. § 32.31 (Vernon Supp. 2004). Punishment, enhanced by two prior non-state jail felony convictions, was assessed at fifteen years confinement and a $1000 fine, see id. § 12.42(a)(2), and was imposed on December 1, 2003. No motion for new trial was filed; therefore, appellant's notice of appeal was due by December 31, 2003. See Tex.R.App.P. 26.2(a)(1). Appellant's January 23, 2004 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); Olivo v. State, 918 S.W.2d 519, 523 (Tex.Crim.App. 1996); 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.