Opinion
No. 05-09-00613-CR
Opinion Filed July 2, 2009. DO NOT PUBLISH. Tex. R. App. P. 47.
On Appeal from the Criminal District Court, Dallas County, Texas, Trial Court Cause No. F08-60876-H.
Before Justices WRIGHT, BRIDGES, and FRANCIS.
MEMORANDUM OPINION
Raymond Charles Jackson, Jr. was convicted of aggravated sexual assault of a child. The trial court assessed punishment, enhanced by one prior conviction, at imprisonment for twenty years. Sentence was imposed in open court on April 17, 2009. In response to our inquiry, appellant's counsel confirmed that no motion for new trial was filed. Therefore, appellant's notice of appeal was due by Monday, May 18, 2009. See Tex. R. App. P. 4.1(a), 26.2(a). Appellant's notice of appeal was filed on May 21, 2009, three days late but within the fifteen-day period provided by rule 26.3(a). See Tex. R. App. P. 26.3(a). Appellant did not, however, file a motion to extend time to file his notice of appeal in this Court. See Tex. R. App. P. 26.3(b). Appellant's untimely notice of appeal leaves us without authority to take any action except to dismiss the appeal. See Slaton v. State, 981 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.). We dismiss the appeal for want of jurisdiction.