APPELLANT

APPELLEE

PER CURIAM

Frederick Como seeks to appeal from a judgment of conviction for burglary of a motor vehicle.

The transcript in this cause has not been filed. The district clerk, however, has informed this Court that no written notice of appeal was filed. 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 Clerk of this Court asked Como's retained counsel on appeal to forward to the Court a certified copy of the written notice of appeal. Counsel did not respond to this request.

Appellant's second motion for extension of time to file statement of facts is dismissed. The appeal is dismissed.

[Before Chief Justice Carroll, Justices Aboussie and Jones]

Dismissed

Filed: February 24, 1993

[Do Not Publish]