JOSEPH JOREY HIGHTOWER, Appellant v. THE STATE OF TEXAS, Appellee

DISMISS; Opinion Filed June 17, 2008.
 
 
 
In The
Court of Appeals
Fifth District of Texas at Dallas
............................
No. 05-06-01369-CR
............................
JOSEPH JOREY HIGHTOWER, Appellant
V.
THE STATE OF TEXAS, Appellee
.............................................................
On Appeal from the 194th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F06-00823-PM
.............................................................
MEMORANDUM OPINION
Before Chief Justice Thomas and Justices Wright and Francis
        Joseph Jorey Hightower was convicted of possession with intent to deliver cocaine in an amount of four grams or more but less than 200 grams in a drug free zone. Punishment, enhanced by one prior felony conviction, was assessed at twenty-five years' imprisonment.
        The Court has before it the State's motion to dismiss the appeal on the basis of an untimely notice of appeal. Appellant did not respond to the motion. After reviewing the record, we agree that we have no jurisdiction over the appeal.
        Sentence was imposed in open court on August 18, 2006. No motion for new trial was filed; therefore, appellant's notice of appeal was due by Monday, September 18, 2006.  See Tex. R. App. P. 4.1(a), 26.2(a)(1). Appellant's notice of appeal is file-stamped September 19, 2006, one day late. Although the notice of appeal was filed within the fifteen-day period provided by rule of appellate procedure 26.3, appellant did not, within that same fifteen days, file an extension motion in this Court. Therefore, 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 grant the State's motion and dismiss the appeal for want of jurisdiction.
 
                                                          
                                                          PER CURIAM
 
 
 
Do Not Publish
Tex. R. App. P. 47
061369F.U05