On October 28, 1998, the Court received a docketing statement indicating that notice of appeal was given following appellant's September 2, 1998, conviction for resisting arrest. The Clerk docketed the appeal and asked counsel for a copy of the notice of appeal. On December 2, counsel advised the Clerk that there was no written notice of appeal on file.

To perfect an appeal, notice must be given in writing and filed with the trial court clerk. Tex. R. App. P. 25.2(b)(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 Chief Justice Aboussie, Justices Powers and Kidd

Dismissed for Want of Jurisdiction

Filed: December 10, 1998

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