Opinion
No. 11-06-00079-CR
Opinion filed April 27, 2006. DO NOT PUBLISH. Tex.R.App.P.47.2(b).
On Appeal from the 266th District Court Erath County, Texas Trial Court Cause No. Cr 12046.
Panel consists of: WRIGHT, C.J., and McCALL, J., and STRANGE, J.
OPINION
The jury convicted Phillip Sher Walker of theft, found the enhancement allegation to be true, and assessed his punishment at confinement for twenty years and a $10,000 fine. We dismiss the appeal for want of jurisdiction. The trial court imposed the sentence in open court on January 11, 2006. Thirty-three days later, appellant filed a motion for new trial. Sixty-four days later, appellant filed his notice of appeal. The motion for new trial was not timely under TEX. R. APP. P. 21.6; therefore, the notice of appeal was not timely pursuant to TEX. R. APP. P. 26.2. A motion for extension of time in which to file the notice of appeal has not been filed. TEX. R. APP. P. 26.3. On April 7, 2006, the clerk of this court wrote the parties advising them that it appeared an appeal had not been timely perfected. Appellant was directed to respond within fifteen days showing grounds for continuing this appeal. There has been no response to our April 7 letter. Absent a timely notice of appeal or the granting of a timely motion for extension of time, this court does not have jurisdiction to entertain an appeal. Slaton v. State, 981 S.W.2d 208 (Tex.Crim.App. 1998); Olivo v. State, 918 S.W.2d 519 (Tex.Crim.App. 1996); Rodarte v. State, 860 S.W.2d 108 (Tex.Crim.App. 1993); Shute v. State, 744 S.W.2d 96 (Tex.Crim.App. 1988). Therefore, the appeal is dismissed.