Opinion
No. 05-08-00053-CR
Opinion Filed December 22, 2008. DO NOT PUBLISH. Tex. R. App. P. 47
On Appeal from the 416th Judicial District Court, Collin County, Texas, Trial Court Cause No. 416-81426-06.
Before Justices MOSELEY, FITZGERALD, and LANG-MIERS.
MEMORANDUM OPINION
Eric Sean Trotter was convicted of possession of cocaine in an amount of less than one gram. Following the revocation of his community supervision, punishment was assessed at two years' confinement in a state jail facility. Sentence was imposed in open court on November 29, 2007. Nothing in the record shows a motion for new trial was filed; therefore, appellant's notice of appeal was due by Monday, December 31, 2007. See Tex. R. App. P. 4.1(a), 26.2(a)(1). Appellant's notice of appeal is file-stamped January 3, 2008, and nothing in the record reflects it was mailed on or before December 31, 2007. See Tex. R. App. P. 9.2(b). Moreover, although appellant's notice of appeal was filed within the fifteen-day period provided by rule of appellate procedure 26.3, appellant did not file an extension motion in this Court within that fifteen-day period. See Tex. R. App. P. 26.3. Because it appeared appellant's notice of appeal was untimely, we asked appellant and the State to file letter briefs addressing our jurisdiction over the appeal. Appellant did not respond. Because appellant's notice of appeal is untimely and no proper extension motion was filed within the time period provided by rule 26.3(b), we conclude we lack 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.). Accordingly, we dismiss the appeal for want of jurisdiction.
In fact, the certificate of service of the document to the Collin County District Attorney is dated January 3, 2008.