Gregory Dean Cullum v. State ( 2005 )

Opinion filed November 3, 2005

Opinion filed November 3, 2005

                                                                        In The

    Eleventh Court of Appeals

                                                                   __________

                                                          No. 11-05-00331-CR

                                                    __________

                               GREGORY DEAN CULLUM, Appellant

                                                             V.

                                        STATE OF TEXAS, Appellee

                                         On Appeal from the 350th District Court

                                                          Taylor County, Texas

                                                   Trial Court Cause No. 6814-D

                                                                   O P I N I O N

Gregory Dean Cullum entered a plea of no contest to the offense of indecency with a child. The trial court convicted appellant and, pursuant to the plea bargain agreement, assessed his punishment at confinement for eight years.  We dismiss the appeal for want of jurisdiction.

On August 8, 2005, the sentence was imposed in open court.  A motion for new trial was not filed.  On September 27, 2005, the notice of appeal was filed.  The notice of appeal was filed 40 days after the date the sentence was imposed and is not timely.  TEX.R.APP.P. 26.2.

On October 12, 2005, the clerk of this court wrote appellant and advised him that the notice of appeal was not timely.  On October 18, 2005, appellant responded to the October 12 letter.  Appellant asks this court to grant him a new trial and to grant him an extension.

Appellant=s letter of October 18 is not a timely request for an extension of time to perfect an appeal pursuant to TEX.R.APP.P. 26.3.  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.Cr.App.1998); Olivo v. State, 918 S.W.2d 519 (Tex.Cr.App.1996); Rodarte v. State, 860 S.W.2d 108 (Tex.Cr.App.1993); Shute v. State, 744 S.W.2d 96 (Tex.Cr.App.1988).

The appeal is dismissed for want of jurisdiction.

PER CURIAM

November 3, 2005

Do not publish.  See TEX.R.APP.P. 47.2(b).

Panel consists of:  Wright, C.J., and

McCall, J., and Strange, J.