In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-08-00026-CR ______________________________

ANTHONY TRENT BARBOUR, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 6th Judicial District Court Lamar County, Texas Trial Court No. 21634

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

Memorandum Opinion by Justice Moseley MEMORANDUM OPINION Anthony Trent Barbour appeals from his verdict of guilty for injury to a child. Barbour's sentence of twenty years' imprisonment was imposed November 8, 2007. Based on the information before us, Barbour did timely file a motion for new trial and his notice of appeal was filed February 22, 2008.

According to Rule 26.2, Barbour, because a motion for new trial was timely filed, had ninety days after the day sentence was imposed to file a notice of appeal. See TEX . R. APP . P. 26.2(a)(2).

Therefore, Barbour had until February 6, 2008, to file a notice of appeal. Hence, the notice of appeal filed February 22, 2008, is untimely and we are without jurisdiction to hear this case.

We dismiss this appeal for want of jurisdiction.

Bailey C. Moseley Justice Date Submitted: May 6, 2008 Date Decided: May 7, 2008 Do Not Publish