APPELLANT

APPELLEE

PER CURIAM

Jose Baldemar Fernandez seeks to appeal from a judgment of conviction for aggravated possession of marihuana. The punishment is imprisonment for forty years and a $5000 fine.

The State has filed a motion to dismiss. It its motion, the State correctly points out that appellant did not timely file his notice of appeal. Sentence was imposed in open court on September 3, 1991. No motion for new trial was filed. Notice of appeal was not filed until October 18, 1991. See Tex. R. App. P. Ann. 41(b)(1) (Pamph. 1992).

Without a timely filed notice of appeal, this Court is without jurisdiction. Shute v. State, 744 S.W.2d 96 (Tex. Crim. App. 1988). The motion to dismiss is granted.

The appeal is dismissed.

[Before Chief Justice Carroll, Justices Aboussie and B. A. Smith]

Dismissed for Want of Jurisdiction on State's Motion

Filed: March 4, 1992

[Do Not Publish]