Opinion
No. 04-18-00269-CR
07-05-2018
Wayne BEDFORD, Appellant v. The STATE of Texas, Appellee
MEMORANDUM OPINION
From the 437th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR10884
Honorable Lori I. Valenzuela, Judge Presiding
OPINION ON MOTION FOR REHEARING
PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Irene Rios, Justice DISMISSED FOR LACK OF JURISDICTION
Appellant's motion for rehearing is denied. This court's opinion and order dated May 16, 2018 are withdrawn, and this opinion and judgment are substituted.
A jury convicted appellant of aggravated robbery with a deadly weapon. Prior to sentencing, the trial court signed an agreed judgment of incompetency on June 16, 2015, and appellant was civilly committed for 120 days. Thereafter, the trial court signed an order extending appellant's civil commitment. On September 20, 2016, the trial court signed a judgment of restoration of competency. Pursuant to appellant's punishment election, the trial court sentenced appellant in the underlying cause on November 2, 2016 to imprisonment for 25 years.
Appellant filed a motion for new trial on December 1, 2016. Therefore, appellant's notice of appeal was due to be filed January 31, 2017. TEX. R. APP. P. 26.2(a)(2). A motion for extension of time to file the notice of appeal was due on February 15, 2017. TEX. R. APP. P. 26.3. Appellant did not file his notice of appeal until April 25, 2018.
Because the notice of appeal in this case was not timely filed, we lack jurisdiction to entertain the appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (holding that if appeal is not timely perfected, court of appeals does not obtain jurisdiction to address merits of appeal, and court may take no action other than to dismiss appeal; court may not suspend rules to alter time for perfecting appeal); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991) (explaining that writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure governs out-of-time appeals from felony convictions).
Accordingly, we dismiss this appeal for lack of jurisdiction.
PER CURIAM DO NOT PUBLISH