TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-95-00762-CR
Barry Dockery, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 299TH JUDICIAL DISTRICT
NO. 0946153, HONORABLE JON N. WISSER, JUDGE PRESIDING
PER CURIAM
This is an appeal from an order revoking probation. Sentence was imposed in open court on November 3, 1995. No motion for new trial was filed. Appellant's pro se notice of appeal was untimely filed on December 7, 1995. Tex. R. App. P. 41(b)(1). Appellant's pro se motion for extension of time for filing notice of appeal, also untimely, was filed on January 22, 1996. Tex. R. App. P. 41(b)(2).
The appellate time limits are not discretionary and may not be suspended. Garza v. State, 896 S.W.2d 192 (Tex. Crim. App. 1995). Because it was not timely filed, appellant's motion for extension of time to file notice of appeal is overruled. Without a timely filed notice of appeal, this Court is without jurisdiction. Rodarte v. State, 860 S.W.2d 108 (Tex. Crim. App. 1993); Shute v. State, 744 S.W.2d 96 (Tex. Crim. App. 1988).
The appeal is dismissed.
Before Chief Justice Carroll, Justices Aboussie and Kidd
Dismissed for Want of Jurisdiction
Filed: February 14, 1996
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