Shedric Dewayne Fulbright v. The State of Texas--Appeal from 50th District Court of Baylor County

11th Court of Appeals

Eastland, Texas

Opinion

Shedric Dewayne Fulbright

Appellant

Vs. No. 11-02-00157-CR B Appeal from Baylor County

State of Texas

Appellee

The jury convicted appellant of possession of cocaine with the intent to deliver and assessed his punishment at confinement for 10 years. The trial court imposed the sentence in open court on March 27, 2002. A motion for new trial was not filed. Appellant filed his notice of appeal on April 29, 2002, 33 days after the date sentence was imposed.

When the clerk=s record was received in this court on May 24, 2002, the clerk of this court wrote the parties explaining that the notice of appeal appeared to be out of time and requesting that appellant respond within 10 days showing grounds for continuing the appeal. There has been no response to our May 24 letter.

The notice of appeal is not timely pursuant to TEX.R.APP.P. 26.2. Appellant has not filed a motion to extend time pursuant to TEX.R.APP.P. 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 appeal is dismissed for want of jurisdiction.

PER CURIAM

June 13, 2002

Do not publish.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

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

Wright, J., and McCall, J.