IN THE

TENTH COURT OF APPEALS

No. 10-97-331-CR

     NUBIAN D. COOPER,

                                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                                              Appellee

From the 40th District Court

Ellis County, Texas

Trial Court # 22,820

MEMORANDUM OPINION

      According to information provided by the district clerk and Appellant Nubian D. Cooper himself, Cooper pled guilty to the offense of murder. See Tex. Pen. Code Ann. § 19.02 (Vernon 1994). On October 7, 1997, the court sentenced Cooper to fifteen years’ imprisonment, pursuant to the State’s plea recommendation.

      Cooper did not file a motion for new trial. He filed a pro se notice of appeal in the trial court on December 26, eighty days after the court imposed his sentence. Cooper’s counsel filed a motion to extend the time for filing the notice of appeal with this Court on January 16, 1989, twenty-one days after the filing of the notice of appeal.

      Cooper’s notice of appeal is untimely. See Tex. R. App. P. 26.2(a)(1); Rodarte v. State, 860 S.W.2d 108, 110 (Tex. Crim. App. 1993). The request for an extension of time to file the notice of appeal is also untimely. See Tex. R. App. P. 26.3. Because Cooper did not timely file his notice of appeal or the motion requesting an extension of time to file the notice, we lack jurisdiction over the appeal. Id. Accordingly, we deny the motion for extension of time and dismiss the appeal for want of jurisdiction.

                                                                               PER CURIAM

Before Chief Justice Davis,

          Justice Cummings, and

          Chief Justice McDonald (retired)

Dismissed for want of jurisdiction

Opinion delivered and filed January 28, 1998

Do not publish

#160;          Chief Justice (Retired)

Before Chief Justice Davis

      Justice Cummings and

      Chief Justice McDonald (Retired)

Affirmed

Opinion delivered and filed December 30, 1998

Do not publish