11th Court of Appeals

Eastland, Texas

Opinion

William Tryon

            Appellant

Vs.                  No. 11-04-00253-CR -- Appeal from Ector County

State of Texas

            Appellee

            The jury convicted William Tryon of possession of cocaine and assessed his punishment at confinement for eight years. We dismiss.

            The trial court imposed the sentence in open court on August 18, 2004. A motion for new trial was not filed. On October 18, 2004, appellant filed a notice of appeal, 61 days after the date the judgment was imposed in open court. On October 22, 2004, appellant filed in this court a motion for extension of time in which to file his notice of appeal. Neither the notice of appeal nor the motion is timely. TEX.R.APP.P. 25.2, 26.2, & 26.3.

            Absent a timely notice of appeal or the granting of a timely motion for extension of time, this court does not have jurisdiction to entertain an appeal. Slaton v. State, 981 S.W.2d 208 (Tex.Cr.App. 1998); Olivo v. State, 918 S.W.2d 519 (Tex.Cr.App. 1996); Rodarte v. State, 860 S.W.2d 108 (Tex.Cr.App. 1993); Shute v. State, 744 S.W.2d 96 (Tex.Cr.App. 1988). The motion for extension of time is overruled.

            The appeal is dismissed for want of jurisdiction.

                                                                                                PER CURIAM

October 28, 2004

Do not publish. See TEX.R.APP.P. 47.2(b).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.