On November 14, 2008, Michael George Mitchell, Sr., filed a notice of appeal from a sentence imposed on September 5, 2008. The time for filing notice of appeal was not extended by the timely filing of a motion for new trial. See Tex. R. App. P. 26.2(b). The notice of appeal was filed with the trial court more than thirty days from the date of sentencing and outside the time for requesting an extension of time for filing the notice of appeal. We notified the parties that the notice of appeal did not appear to have been timely filed, but did not receive a response.

The Court finds that the notice of appeal was not timely filed. See Tex. R. App. P. 26.2. No motion for extension of time was timely filed pursuant to Tex. R. App. P. 26.3. It does not appear that the appellant obtained an out-of-time appeal from the Court of Criminal Appeals. The Court finds it is without jurisdiction to entertain this appeal. Accordingly, the appeal is dismissed for want of jurisdiction.

APPEAL DISMISSED.

______________________________

HOLLIS HORTON

Justice

Opinion Delivered February 4, 2009

Do Not Publish

Before Gaultney, Kreger, and Horton, JJ.