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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Do not publish.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.