Opinion
No. 11-03-00226-CR
August 7, 2003 Do Not Publish See TEX.R.APP.P. 47.3(b).
Appeal from Dawson County
Panel consists of: ARNOT, C.J., and WRIGHT, J., and McCALL, J.
OPINION
The jury found Willie Lee Maxwell guilty of the offense of possession of more than 4 grams but less than 200 grams of cocaine in a drug-free zone. The trial court found the enhancement allegation to be true and assessed appellant's punishment at confinement for 60 years and a $20,000 fine. We dismiss the appeal. The sentence was imposed on March 12, 2003. Appellant timely filed a motion for new trial on April 11, 2003. The notice of appeal was filed in the trial court on June 11, 2003. That notice of appeal was one day late and, therefore, was not timely pursuant to TEX.R.APP.P. 26.2. It does not appear that appellant filed a motion to extend the time in which to file his notice of appeal. See TEX.R.APP.P. 26.3. When this court received the clerk's record on July 21, 2003, we notified the parties that the notice of appeal appeared to be untimely and requested that appellant respond within ten days of our letter and provide this court with both a docketing certificate and a reasonable explanation for the late filing of the notice of appeal. In our letter, we notified appellant that the appeal would be dismissed for want of jurisdiction. See TEX.R.APP.P. 25.2(b). As of this date, we have not received any response to our letter. Without a timely notice of appeal, we do not have jurisdiction to entertain the appeal. Slaton v. State, 981 S.W.2d 208 (Tex.Cr.App. 1998); Olivo v. State, 918 S.W.2d 519 (Tex.Cr.App. 1996); Rodarte v. State, 860 S.W.2d 108 (Tex.Cr.App. 1993); Shute v. State, 744 S.W.2d 96 (Tex.Cr.App. 1988). Therefore, the appeal is dismissed for want of jurisdiction.