GEORGE WILLIS LAWRENCE, Appellant v. THE STATE OF TEXAS, Appellee

DISMISS; Opinion issued October 21, 2010
 
 
 
In The
Court of Appeals
Fifth District of Texas at Dallas
............................
No. 05-10-00133-CR
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GEORGE WILLIS LAWRENCE, Appellant
V.
THE STATE OF TEXAS, Appellee
.............................................................
On Appeal from the 59th Judicial District Court
Grayson County, Texas
Trial Court Cause No. 058512
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MEMORANDUM OPINION
Before Justices Bridges, Francis, and Lang
Opinion by Justice Francis
 
        George Willis Lawrence was convicted of burglary of a building. Punishment, enhanced by two prior felony convictions, was assessed at imprisonment for twelve years. Sentence was imposed in open court on October 28, 2009. Appellant filed a timely motion for new trial; therefore, his notice of appeal was due by January 26, 2010. See Tex. R. App. P. 26.2(a)(2). Appellant filed his notice of appeal on January 27, 2010, one day late, but he did not file an extension motion in this Court within the fifteen-day period provided by the rules of appellate procedure.  See Tex. R. App. P. 26.3.
        Although appellant gave oral notice of his “intent to appeal” after the trial court imposed sentence, that oral announcement does not satisfy the requirement of a written notice of appeal. See Shute v. State, 744 S.W.2d 96, 97 (Tex. Crim. App. 1988); see also Tex. R. App. P. 25.2(c) (notice of appeal must be given in writing). Additionally, we cannot rely on the mail box rule to conclude the January 27, 2010 notice of appeal was timely. See Tex. R. App. P. 9.2(b) (mail box rule). The certificate of service on the notice of appeal states the notice was served on opposing counsel by hand delivery on January 27, 2010, and the section of appellant's docketing statement regarding the date of mailing the notice of appeal is blank. Thus, nothing before the Court shows the notice of appeal was mailed to the Grayson County District Clerk on or before January 26, 2010.
        Because appellant's notice of appeal was filed one day late and he did not timely seek an extension of time to file the notice of appeal, we have no jurisdiction over the appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam); Boyd v. State, 971 S.W.2d 603, 605-06 (Tex. App.-Dallas 1998, no pet.).
        We dismiss the appeal for want of jurisdiction.
 
 
                                                          
                                                          MOLLY FRANCIS
                                                          JUSTICE
 
Do Not Publish
Tex. R. App. P. 47
100133F.U05