PER CURIAM

This is an appeal from a judgment of conviction for assault. The punishment is incarceration for ninety days.

Sentence was imposed in this cause on December 19, 1994. A motion for new trial was filed on January 23, 1995, five days after it was due. Tex. R. App. P. 30(a)(1). Because the motion for new trial was untimely, it did not extend the time for filing the notice of appeal, which was also untimely filed on January 23. Tex. R. App. P. 41(b)(1). No extension of time for filing notice of appeal was requested. Tex. R. App. P. 41(b)(2). There is nothing in the record to indicate that notice of appeal was properly mailed to the district clerk within the time prescribed by rule 41(b)(1). Tex. R. App. P. 4(b). Without a timely filed notice of appeal, this Court is without jurisdiction. Rodarte v. State, 860 S.W.2d 108 (Tex. Crim. App. 1993); Shute v. State, 744 S.W.2d 96 (Tex. Crim. App. 1988).

The appeal is dismissed.

Before Justices Powers, Kidd and B. A. Smith

Appeal Dismissed

Filed: March 29, 1995

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