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Opinion filed February 22, 2008
In The
Eleventh Court of Appeals
____________
No. 11-08-00033-CR
__________
KENNETH BRYAN WILLIAMS, Appellant
V.
STATE OF TEXAS, Appellee
On Appeal from the 221st District Court
Montgomery County, Texas
Trial Court Cause No. 06-08-07432-CR
O P I N I O N
The trial court convicted Kenneth Bryan Williams of driving while intoxicated (a third degree felony offense), found the enhancement allegations to be true, and assessed his punishment at confinement for twenty-five years. The sentence was imposed in open court on September 12, 2007. A motion for new trial was not filed. Appellant filed his notice of appeal on November 26, 2007, seventy-five days after the date the sentence was imposed. We dismiss.
Upon reviewing the file, the clerk of this court wrote the parties to inform them that it appeared an appeal had not been properly perfected and to direct appellant to respond showing grounds for continuing the appeal. Appellant has responded by filing a motion for extension of time in which to file his notice of appeal.
Pursuant to Tex. R. App. P. 26.2, the notice of appeal was due to be filed on or before October 12, 2007. A timely motion for extension of time was due to be filed on or before October 29, 2007. Tex. R. App. P. 26.3. Appellant filed his motion for extension on February 14, 2008.
Absent a timely notice of appeal or compliance with Rule 26.3, this court lacks 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). Appellant may be able to secure an out-of- time appeal by filing a postconviction writ pursuant to Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon Supp. 2007).
The motion for extension of time is overruled, and the appeal is dismissed.
PER CURIAM
February 22, 2008
Do not publish. See Tex. R. App. P. 47.2(b).
Panel consists of: Wright, C.J.,
McCall, J., and Strange, J.