Opinion
No. 05-04-01261-CR
Opinion Filed March 21, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the 380th Judicial District Court, Collin County, Texas, Trial Court Cause No. W380-80194-01(Hc). Dismissed.
Before Chief Justice THOMAS and Justices O'NEILL and LANG-MIERS.
MEMORANDUM OPINION
Richard Davis Townsend, Jr. was convicted of felony driving while intoxicated. Punishment was assessed at ten years' confinement, probated for ten years. Appellant's direct appeal was dismissed for want of jurisdiction because his notice of appeal was untimely. See Townsend v. State, No. 05-02-00471-CR (Tex.App.-Dallas Apr. 8, 2002, no pet.). Appellant filed an application for writ of habeas corpus challenging his conviction. On July 16, 2004, the trial court denied appellant's application as frivolous; therefore, appellant's notice of appeal was due by Monday, August 16, 2004. See Tex.R.App.P. 4.1(a), 26.2(a)(1). Appellant filed a notice of appeal in the trial court and an extension motion in this Court on September 7, 2004. Neither document was filed within the fifteen-day period provided by rule 26.3, that is, by August 31, 2004. See Tex.R.App.P. 26.3. Therefore, we do not have 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 deny appellant's September 7, 2004 motion to extend time to file his notice of appeal. We dismiss the appeal for want of jurisdiction.