IN THE

TENTH COURT OF APPEALS

No. 10-05-00253-CR

James D. McIntyre,

                                                                      Appellant

 v.

The State of Texas,

                                                                      Appellee

From the 40th District Court

Ellis County, Texas

Trial Court No. 28672CR

          James McIntyre was convicted of Indecency with a Child and sentenced to 25 years in prison.  He presented a pro se notice of appeal for filing with the District Clerk 33 days after sentence was pronounced.  No motion for new trial was filed.

          Recognizing that the notice of appeal was untimely, McIntyre requests that this Court grant him an out of time appeal.  We have no jurisdiction to grant that request.  Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); Fowler v. State, 16 S.W.3d 426, 427-428 (Tex. App.—Waco 2000, pet. ref’d).

          Therefore, this appeal is dismissed.

                                                                   TOM GRAY

                                                                   Chief Justice

Before Chief Justice Gray,

          Justice Vance, and

          Justice Reyna

Appeal dismissed

Opinion delivered and filed August 3, 2005

Do not publish

[CRPM]