Opinion
No. 05-04-00040-CR.
Opinion Filed January 28, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the Criminal District Court, No. 3, Dallas County, Texas, Trial Court Cause No. F01-76168-Rj. Dismiss.
Before Justices MORRIS, WRIGHT, and RICHTER.
MEMORANDUM OPINION
Christy Michele Sharshel was convicted of unlawfully obtaining from a legally registered pharmacist a controlled substance, to wit: dihydrocodeinone. Punishment was assessed at ten years confinement, probated for five years, and was imposed on September 11, 2003. No motion for new trial was filed; therefore, appellant's notice of appeal was due by Monday, October 13, 2003. See Tex.R.App.P. 4.1(a), 26.2(a). Appellant's December 12, 2003 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.