Opinion
No. 05-11-01553-CR
12-15-2011
REAHT SMITH, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 4
Dallas County, Texas
Trial Court Cause No. F09-16240-K
MEMORANDUM OPINION
Before Justices Lang, Murphy, and Myers
Opinion By Justice Myers
Reaht Smith was convicted of aggravated robbery. On August 6, 2010, the trial judge sentenced appellant to fifteen years' imprisonment. No motion for new trial was filed; therefore, appellant's notice of appeal was due by Tuesday, September 7, 2010. Appellant filed his notice of appeal on September 21, 2011, more than one year after it was due. The Court now has before it the State's motion to dismiss the appeal as untimely. Appellant did not respond to the motion.
Appellant's untimely notice of appeal leaves us without jurisdiction over the appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam). Accordingly, we grant the State's motion to dismiss the appeal.
We dismiss the appeal for want of jurisdiction.
LANA MYERS
JUSTICE
Do Not Publish
Tex. R. App. P. 47
111553F.U05