Opinion
No. 05-04-01162-CR
Opinion Filed March 21, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the County Criminal Court No. 5, Dallas County, Texas, Trial Court Cause No. MA04-49305-F. Dismissed.
Before Chief Justice THOMAS and Justices O'NEILL and LANG-MIERS.
MEMORANDUM OPINION
William Enrique Lopez entered a negotiated guilty or nolo contendere plea to the offense of theft in an amount of $500 or more but less than $1500. See Tex. Pen. Code Ann. § 31.03 (Vernon Supp. 2004-05). On April 19, 2004, pursuant to the plea agreement, the trial court deferred adjudication of guilt, placed appellant on eighteen months' community supervision, and assessed a $500 fine. Appellant filed a motion for new trial on May 6, 2004 and a notice of appeal on July 20, 2004. Because a motion for new trial is not available at the time adjudication is deferred, see Donovan v. State, 68 S.W.3d 633, 636 (Tex.Crim.App. 2002), it is not effective to extend the time for filing the notice of appeal. See Murray v. State, 89 S.W.3d 187, 188 (Tex.App.-Dallas 2002, pet. ref'd). Therefore, appellant's notice of appeal was due by May 19, 2004. See Tex.R.App.P. 26.2(a)(1). Appellant's July 20, 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.). We dismiss the appeal for want of jurisdiction.
We do not have the reporter's record and it is not clear from the trial court's judgment whether appellant pleaded guilty or nolo contendere.