LORENZO JAMES WILLIAMS, Appellant v. THE STATE OF TEXAS, Appellee

DISMISS and Opinion Filed May 18, 2010
 
 
 
In The
Court of Appeals
Fifth District of Texas at Dallas
............................
No. 05-09-00240-CR
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LORENZO JAMES WILLIAMS, Appellant
V.
THE STATE OF TEXAS, Appellee
.............................................................
On Appeal from the 219th Judicial District Court
Collin County, Texas
Trial Court Cause No. 219-80221-08
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MEMORANDUM OPINION
Before Justices Richter, Lang-Miers, and Myers
        Lorenzo James Williams was convicted of aggravated robbery. Sentence of forty years' imprisonment was imposed in open court of November 14, 2008. Appellant filed a motion for new trial on December 18, 2008. Assuming the December 18, 2008 motion for new trial was mailed on or before Monday, December 15, 2008, see Tex. R. App. P. 4.1(a), 9.2(b), appellant's notice of appeal was due by February 12, 2009. See Tex. R. App. P. 26.2(a)(2). Appellant's notice of appeal was filed on February 27, 2009. Although the notice of appeal was filed within the fifteen-day period provided by rule 26.3, appellant did not, within that same period, file an extension motion in this Court.   See Footnote 1  See Tex. R. App. P. 26.3. Therefore, we lack jurisdiction over this 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.
 
                                                          PER CURIAM
 
Do Not Publish
Tex. R. App. P. 47
090240F.U05
 
Footnote 1 Counsel acknowledge during the hearing regarding why the reporter's record had not been filed that the notice of appeal was untimely filed.