Michael Marcellas Williams v. State of Texas--Appeal from 238th District Court of Midland County

Opinion filed November 29, 2007

In The

Eleventh Court of Appeals

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 No. 11-07-00325-CR

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MICHAEL MARCELLAS WILLIAMS, Appellant

V.

STATE OF TEXAS, Appellee

On Appeal from the 238th District Court

Midland County, Texas

Trial Court Cause No. CR33549

O P I N I O N

Michael Marcellas Williams was convicted of aggravated assault and sentenced to confinement for fifteen years. We dismiss.

The trial court sentenced him to confinement for fifteen years on August 8, 2007; he did not file a motion for new trial; and he filed his pro se notice of appeal on October 18, 2007. On November 2, 2007, the clerk of this court wrote the parties advising them that it appeared appellant had not timely perfected an appeal and directing appellant to respond showing grounds for continuing the appeal.

Appellant has responded by filing in this court on November 7, 2007, a pro se motion for an out-of-time appeal. Appellant acknowledges that his notice of appeal is not timely.

Pursusant to Tex. R. App. P. 26.2 and 26.3, neither appellant=s notice of appeal nor motion for extension of time is timely. Absent a timely notice of appeal or compliance with Rule 26.3, this court lacks jurisdiction to entertain an appeal. Slaton v. State, 981 S.W.2d 208 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519 (Tex. Crim. App. 1996); Rodarte v. State, 860 S.W.2d 108 (Tex. Crim. App. 1993); Shute v. State, 744 S.W.2d 96 (Tex. Crim. App. 1988). Appellant may be able to secure an out-of-time appeal by filing a postconviction writ pursuant to Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon. Supp. 2007).

The motion is overruled, and the appeal is dismissed for want of jurisdiction.

PER CURIAM

November 29, 2007

Do not publish. See Tex. R. App. P. 47.2(b).

Panel consists of: Wright, C.J.,

McCall, J., and Strange, J.