Welton Cobb v. The State of Texas--Appeal from 132nd District Court of Scurry County

11th Court of Appeals

Eastland, Texas

Opinion

Welton Cobb

Appellant

Vs. No. 11-02-00010-CR B Appeal from Scurry County

State of Texas

Appellee

The jury convicted appellant of delivery of cocaine and assessed his punishment at confinement for five years. The trial court imposed the sentence in open court on December 12, 2001. A motion for new trial was not filed. Appellant filed his notice of appeal on January 14, 2002, 33 days after the sentence was imposed.

After reviewing the clerk=s record which was received in this court on February 15, 2002, the clerk=s office notified the parties in writing that it appeared that an appeal had not been timely perfected pursuant to TEX.R.APP.P. 26.2(a)(1). The clerk=s office requested that appellant respond within 15 days showing grounds for continuing the appeal and suggested that if the notice of appeal had been timely mailed that appellant establish this pursuant to TEX.R.APP.P. 9.2(b).

Appellant has responded that he Aassumed@ that the notice of appeal was timely mailed. The motion is not sworn, and neither proof of mailing nor any type of documentation was attached to the motion. The motion does not comply with Rule 9.2(b) and is overruled.

Absent a timely notice of appeal, this court lacks 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). Appellant may be able to secure an out of time appeal by filing a post-conviction writ pursuant to TEX. CODE CRIM. PRO. ANN. art 11.07 (Vernon Supp. 2002).

The appeal is dismissed for want of jurisdiction.

March 14, 2002 PER CURIAM

Do not publish. See TEX.R.APP.P. 47.3(b).

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

Wright, J., and McCall, J.