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Opinion filed December 8, 2005
In The
Eleventh Court of Appeals
__________
No. 11-05-00334-CR
__________
DANIEL LAGUNAS, Appellant
V.
STATE OF TEXAS, Appellee
On Appeal from the 106th District Court
Gaines County, Texas
Trial Court Cause No. 05-3553
O P I N I O N
The jury convicted Daniel Lagunas of possession of marihuana and assessed his punishment at confinement for 2 years and a $5,000 fine. The jury recommended that appellant be placed on community supervision. The trial court suspended the imposition of the sentence and placed appellant on community supervision for 10 years. We dismiss the appeal.
The record reflects that the sentence was suspended in open court on August 31, 2005, that a motion for new trial was not filed, and that the notice of appeal was filed on October 3, 2005, 33 days after the date the sentence was suspended in open court. When the clerk=s record was filed in this court, the clerk of this court wrote the parties on November 23, 2005, advising them that it appeared the notice of appeal was out of time. Appellant was directed to respond showing grounds for continuing the appeal. On November 30, 2005, this court received a letter from appellant=s counsel stating that there was no reasonable explanation for the failure to file a timely notice appeal and that he was not appointed to represent appellant until October 27, 2005.
Pursuant to TEX.R.APP.P. 26.2(a)(1), appellant=s notice of appeal was due to be filed on or before September 30, 2005, 30 days after the date sentence was suspended in open court. Absent a timely notice of appeal or compliance with TEX.R.APP.P. 26.3, this court lacks 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). Appellant may be able to secure an out-of-time appeal by filing a postconviction writ pursuant to TEX. CODE CRIM. PRO. ANN. art. 11.07 (Vernon 2005).
The appeal is dismissed for want of jurisdiction.
PER CURIAM
December 8, 2005
Do not publish. See TEX.R.APP.P. 47.2(b).
Panel consists of: Wright, C.J., and
McCall, J., and Strange, J.