Opinion
No. 05-05-01006-CR
Opinion Filed August 19, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the 203rd Judicial District Court, Dallas County, Texas, Trial Court Cause No. F04-50575-HP. Dismiss.
Before Justices WRIGHT, BRIDGES, and FITZGERALD.
MEMORANDUM OPINION
Abram Martinez was convicted of aggravated sexual assault of a child. Sentence of forty-five years' confinement was imposed on June 6, 2005. No motion for new trial was filed; therefore, appellant's notice of appeal was due by July 6, 2005. See Tex.R.App.P. 26.2(a)(1). Appellant's notice of appeal was mailed on July 7, 2005, one date late, and received by the District Clerk on July 14, 2005. See id. 26.3(a). No extension motion was filed in this Court within the fifteen-day period following July 6, 2005. See id. 26.3(b). Appellant's July 14, 2005 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.). Accordingly, we dismiss the appeal for want of jurisdiction.
The trial judge's notation at the bottom of the July 15, 2005 preprinted notice of appeal that the May 25, 2005 handwritten notice of appeal was timely does not change our conclusion that we have no jurisdiction over the appeal. That document, although showing a handwritten date of May 27, 2005, was not mailed until July 7, 2005 and was not filed until July 14, 2005. Moreover, even if the document was prepared on May 27, 2005, it would have been ineffective as a notice of appeal because no finding of guilt was made until June 6, 2005. See Tex.R.App.P. 27.1(b) (notice of appeal filed before a finding of guilt is made is ineffective).