Opinion
No. 06-05-00210-CR
Submitted: September 22, 2005.
Decided: September 23, 2005. DO NOT PUBLISH.
On Appeal from the 115th Judicial District Court, Upshur County, Texas, Trial Court No. 13,170.
Before MORRISS, C.J., ROSS and CARTER, JJ.
MEMORANDUM OPINION
Antron Rammel Blaylock appeals from his conviction for the offense of delivery of a controlled substance. He was sentenced to sixty-five years' confinement. Sentence was imposed April 12, 2005, and Blaylock timely filed a motion for new trial May 2, 2005. See Tex.R.App.P. 21.4(a). The Texas Rules of Appellate Procedure provide that a notice of appeal must be filed with the trial court within ninety days after the day sentence was imposed or suspended in open court if the defendant timely filed a motion for new trial. Tex.R.App.P. 26.2(a)(2). Blaylock's notice of appeal was due July 11, 2005. Blaylock filed his notice of appeal with the trial court clerk August 12, 2005, 122 days after the trial court imposed sentence. Because Blaylock's notice of appeal was filed 122 days after the date sentence was imposed, it was not timely filed.
Blaylock did not move this Court for an extension of time to file his notice of appeal. See Tex.R.App.P. 26.3. At any rate, such a motion, if filed on the date that the notice of appeal was filed in the trial court, would also have been untimely and would have been overruled.