In Re: The Commitment of Daniel Sanchez--Appeal from 359th District Court of Montgomery County

We received notice of appeal filed April 21, 2004. We notified the parties that the notice of appeal did not appear to have been timely filed. In his response, the appellant conceded that the motion for new trial was not filed within thirty days of judgment. The judgment was signed on February 5, 2004. No motion for new trial was timely filed. A notice of appeal was filed on April 21, 2004, more than 30 days from the date the judgment was signed and outside the period of time for which an extension of time to file notice of appeal may be granted. See Tex. R. App. P. 26.1, 26.3. The Court finds appellant failed to timely perfect an appeal. The Court further finds that it lacks jurisdiction over this appeal. Accordingly, the appeal is dismissed for lack of jurisdiction.

APPEAL DISMISSED.

PER CURIAM

Opinion Delivered August 12, 2004

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.