We have before the Court an appeal by Jerry W. Robertson, Jr., from a sentence pronounced April 17, 2003. The notice of appeal was filed with the trial court on January 6, 2004, more than ninety days from the date of sentencing. We notified the parties that the appeal did not appear to have been timely filed, but received no response. The Court finds the notice of appeal was not timely filed. Tex. R. App. P. 26.2. No extension of time was timely requested pursuant to Tex. R. App. P. 26.3. It does not appear that appellant obtained an out-of-time appeal. The Court finds it is without jurisdiction to entertain this appeal.

It is, therefore, ORDERED that the appeal of this cause be DISMISSED for want of jurisdiction.

APPEAL DISMISSED.

PER CURIAM

Opinion Delivered May 20, 2004

Do Not Publish

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.