APPELLANT

APPELLEE

PER CURIAM

Appellant seeks to appeal from a judgment of conviction for possession of 3,4-methylene-dioxymethamphetamine, a controlled substance. The punishment is imprisonment for six years and a $1000 fine, probated.

The transcript received by the Clerk of this Court reflects that sentence was suspended in open court on December 21, 1990. Appellant's notice of appeal was filed on January 28, 1991. No extension of time for filing notice of appeal was sought or granted. Notice of appeal was not timely. Tex. R. App. P. Ann. 41(b)(1) (Pamph. 1991).

The appeal is dismissed.

[Before Chief Justice Carroll, Justices Jones and Smith]

Dismissed

Filed:  May 1, 1991

[Do Not Publish]