Opinion
No. 05-06-00438-CR
March 30, 2007. DO NOT PUBLISH. Tex. R. App. P. 47.
On Appeal from the Criminal District Court Dallas County, Texas, Trial Court Cause No. F04-58432-H.
Before Justices O'NEILL, LANG-MIERS, and MAZZANT.
MEMORANDUM OPINION
Derrick Jermaine Pierce was convicted of possession with intent to deliver cocaine in an amount of four grams or more but less than 200 grams. On September 14, 2005, punishment, enhanced by one prior felony conviction, was assessed at fifteen years' imprisonment. No timely motion for new trial was filed; therefore, appellant's notice of appeal was due by October 14, 2005. See Tex. R. App. P. 26.2(a)(1). Appellant's notice of appeal was filed on March 24, 2006. Because appellant's notice of appeal is untimely, we have no jurisdiction over 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.
Appellant inquired about the status of his appeal by letter received in this Court on January 9, 2006. In the letter, he indicated he had filed a notice of appeal on September 14, 2005. Because we had no record of an appeal, we sent an inquiry to the Dallas County District Clerk. They received an inquiry from appellant regarding his appeal in February 2006, but because no notice of appeal could be found, a document was sent to him to sign. That "notice of appeal" was sent to appellant on March 10, 2006 and returned to the District Clerk at some time after that date. Therefore, it appears that although appellant may have intended to file a notice of appeal on September 14, 2005, no notice of appeal bearing that date or a date within thirty days of September 14, 2005 could be located.