Opinion
No. 09-04-295 CR
Opinion Delivered August 26, 2004. DO NOT PUBLISH.
On Appeal from the 411th District Court, Polk County, Texas, Trial Cause No. 15196. Appeal Dismissed.
Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.
MEMORANDUM OPINION
Tex.R.App.P. 47.4.
We have before the Court an appeal by Joseph Huerell from a sentence pronounced April 2, 2004, and the appellant's motion for extension of time to file notice of appeal, filed August 4, 2004. The motion for extension of time is DENIED, as the motion was not filed within the time permitted under the rules of appellate procedure. Tex.R.App.P. 26.3(b). The notice of appeal was filed with the trial court on June 30, 2004, more than thirty days from the date sentence was imposed in open court. The Court finds the notice of appeal was not timely filed. Tex.R.App.P. 26.2. Olivo v. State, 918 S.W.2d 519 (Tex.Crim.App. 1996). It does not appear that appellant obtained an out-of-time appeal. The Court finds it is without jurisdiction to entertain this appeal. Accordingly, the appeal is dismissed for want of jurisdiction.