Opinion
No. 05-08-00522-CR
Opinion issued September 24, 2009. DO NOT PUBLISH. Tex. R. App. P. 47.
On Appeal from the Criminal District Court No. 4 Dallas County, Texas, Trial Court Cause No. F06-87488-K.
Before Justices MORRIS, BRIDGES, and MURPHY.
MEMORANDUM OPINION
On December 17, 2007, appellant entered an open plea of nolo contendere to the offense of injury to a child, and the trial court entered judgment sentencing appellant to twenty-five years' confinement. That same day, appellant's attorney filed a motion for new trial on his behalf. By letter postmarked December 28, 2007, appellant wrote to the trial court and requested that his "plea of guilty be withdrawn and a plea of not guilty be entered, and request that the court should proceed with the trial." Appellant's notice of appeal was filed on March 26, 2008, one hundred days after the date judgment was entered. On February 2, 2009, appellant filed an amended notice of appeal contending his December 28, 2007 letter to the trial court should be construed as a timely notice of appeal. In a criminal case, appeal is perfected by timely filing a sufficient notice of appeal. Tex. R. App. P. 25.2(b). If a criminal defendant timely files a motion for new trial, notice of appeal must be filed within 90 days after the day sentence is imposed. Tex. R. App. P. 26.2(a)(2). Notice of appeal is sufficient if it shows the party's desire to appeal from the judgment or other appealable order. Tex. R. App. P. 25.2(c)(2). Here, appellant's notice of appeal was not filed within 90 days after sentence was imposed and was therefore untimely. See Tex. R. App. P. 25.2(b), 26.2(a)(2). The December 28, 2007 letter which appellant seeks to characterize as his notice of appeal does not show appellant's desire to appeal from the judgment entered against him. See Tex. R. App. P. 25.2(c)(2). Instead, the letter asked the trial court to withdraw his guilty plea and proceed with trial. Accordingly, the December 28, 2007 letter was not a sufficient notice of appeal. See id. Because appellant failed to timely file a sufficient notice of appeal, this Court lacks jurisdiction over this appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). We dismiss this appeal for want of jurisdiction.