Opinion

Calvin Evans, appellant, has filed a motion asking this Court to dismiss his appeal, with costs of court taxed against the party incurring those costs. Pursuant to Tex. R. App. P. 42.1, his motion is granted.

The appeal is dismissed.

Donald R. Ross

Justice

Date Submitted: December 17, 2002

Date Decided: December 18, 2002

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On Appeal from the 202nd Judicial District Court

Bowie County, Texas

Trial Court No. 02-F-0520-202

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

            Richard McCuller appeals from his plea of guilty for aggravated sexual assault of a child. See Tex. Pen. Code Ann. § 22.021 (Vernon Supp. 2004—2005). The sentence was imposed December 10, 2004. McCuller did not file a motion for new trial. McCuller filed a notice of appeal February 16, 2005.

            McCuller had thirty days after the day sentence was imposed to file a notice of appeal. See Tex. R. App. P. 26.2(a)(1). Therefore, McCuller had until January 10, 2005, to file a notice of appeal. The notice of appeal is untimely, and we are without jurisdiction to hear this case.

            We dismiss this appeal for want of jurisdiction.

                                                                        Jack Carter

                                                                        Justice

Date Submitted:          March 2, 2005

Date Decided:             March 3, 2005

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