Starr v. State

Full title: TAYLON STARR, Appellant, v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, Fifth District, Dallas

Date published: Nov 9, 2005

No. 05-05-01485-CR (Tex. App. Nov. 9, 2005)

Opinion

No. 05-05-01485-CR

Opinion issued November 9, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.

On Appeal from the County Criminal Court, No. 3, Dallas County, Texas, Trial Court Cause No. MB04-35669-C. Dismissed.

Before Justices WHITTINGTON, FRANCIS, and LANG.

MEMORANDUM OPINION

PER CURIAM.

Taylon Star was convicted of driving while intoxicated. Sentence was imposed on July 14, 2005 and no motion for new trial was filed. Therefore, appellant's notice of appeal was due by Monday, August 15, 2005. See Tex.R.App.P. 4.1(a), 26.2(a)(1). Appellant filed his notice of appeal on October 27, 2005 and an extension motion in this Court on October 28, 2005. 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.