Opinion
No. 05-04-01851-CR
Opinion Filed May 12, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the Criminal District Court, No. 4, Dallas County, Texas, Trial Court Cause No. F04-35840-TK. Dismissed.
Before Justices O'NEILL, RICHTER, and FRANCIS.
MEMORANDUM OPINION
David Ray Thorton a/k/a David Thornton pleaded guilty to the offense of evading arrest or detention in a motor vehicle. On November 4, 2004, the trial judge sentenced appellant to two years confinement in a state jail facility. No timely motion for new trial was filed; therefore, appellant's notice of appeal was due by Monday, December 6, 2004. See Tex.R.App.P. 4.1(a), 26.2(a)(1). Appellant's December 10, 2004 notice of appeal, which was postmarked December 8, 2004, is untimely, leaving us without jurisdiction over the appeal. See Tex.R.App.P.9.2(b); 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.