APPELLANT

APPELLEE

PER CURIAM

Robert Thomas Garvin seeks to appeal from a judgment of conviction for driving while intoxicated. The punishment is incarceration for sixty days and a $350 fine, probated.

Imposition of sentence was suspended in open court on April 1, 1993. Appellant filed a timely motion for new trial. Therefore, notice of appeal was due to be filed no later than June 30, 1993. Tex. R. App. P. 41(b)(1). The notice of appeal bears a file mark indicating that it was filed on July 20, 1993. ⁽¹⁾ 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 appeal is dismissed.

[Before Justices Powers, Kidd and B. A. Smith]

Dismissed

Filed: August 11, 1993

[Do Not Publish]

1. The notice of appeal recites that it is being filed on July 1, 1993. Even if we were to ignore the clerk's file mark and accept this recital as true, the notice of appeal was untimely in the absence of an extension of time for filing. Tex. R. App. P. 41(b)(2).