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Opinion filed January 10, 2008
In The
Eleventh Court of Appeals
____________
No. 11-07-00360-CR
__________
ANGIE ABALOS, Appellant
V.
STATE OF TEXAS, Appellee
On Appeal from the 161st District Court
Ector County, Texas
Trial Court Cause No. B-32,996
O P I N I O N
Angie Abalos was convicted of possession of a controlled substance and sentenced to confinement for seven years. The trial court imposed the sentence in open court on October 19, 2007. Appellant filed the notice of appeal on December 6, 2007, forty-eight days after the date the sentence was imposed. A motion for new trial was not filed. The docketing statement reflects that appellant was represented by retained counsel at trial.
When the docketing statement was filed in this court, the clerk of this court wrote the parties advising them that it appeared the notice of appeal was not timely and requesting a response from appellant showing grounds for continuing the appeal. Appellant=s court-appointed counsel has filed a response. Counsel acknowledges that the December 6 notice of appeal was not timely and notes that counsel was not appointed until November 30, 2007, after the due date for filing the notice of appeal. Counsel also states that appellant filed a pro se request for appointment of counsel on November 18, 2007. However, the request makes no mention of a desire to appeal the conviction, to file a motion for new trial, to request the preparation of the clerk=s record and reporter=s record, or to challenge in any way the proceedings in the trial court. We note that filing a request for a blanket appointment of counsel does not by itself perfect an appeal. Tex. R. App. P. 25.2(c).
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. 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). We note that through no fault of court-appointed counsel an appeal was not timely perfected. 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 appeal is dismissed for want of jurisdiction.
PER CURIAM
January 10, 2008
Do not publish. See Tex. R. App. P. 47.2(b).
Panel consists of: Wright, C.J.,
McCall, J., and Strange, J.