Opinion
No. 06-05-00239-CR
Submitted: November 18, 2005.
Decided: November 21, 2005. DO NOT PUBLISH.
On Appeal from the 102nd Judicial District Court, Bowie County, Texas, Trial Court No. 04F0207-102.
Before MORRISS, C.J., ROSS and CARTER, JJ.
MEMORANDUM OPINION
Roland Booher attempts to appeal his conviction for aggravated robbery with a deadly weapon finding. Booher was convicted by a jury and sentenced to ten years' imprisonment. Booher's sentence was imposed September 10, 2005. On October 31, 2005, this Court received Booher's pro se notice of appeal with the postmark date of October 27, 2005. We received the clerk's record November 16, 2005. The issue before us is whether Booher timely filed his notice of appeal. We conclude that he did not and dismiss the attempted appeal for want of jurisdiction. A timely notice of appeal is necessary to invoke this Court's jurisdiction. Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996). Rule 26.2(a) prescribes the time period in which a notice of appeal must be filed by the defendant in order to perfect appeal in a criminal case. A defendant's notice of appeal is timely if filed within thirty days after the day sentence is imposed or suspended in open court, or within ninety days after sentencing if the defendant timely files a motion for new trial. Tex.R.App.P. 26.2(a); Olivo, 918 S.W.2d at 522. The record does not contain any motion for new trial. The last date Booher could timely file his notice of appeal was October 10, 2005, thirty days after the day the sentence was imposed in open court. See Tex.R.App.P. 26.2(a)(1). Further, no motion for extension of time was filed in this Court within fifteen days of the last day allowed for filing the notice of appeal. Booher has failed to perfect his appeal. Accordingly, we dismiss the appeal for want of jurisdiction.
We note that "[a] document received within ten days after the filing deadline is considered timely filed if . . . it was deposited in the mail on or before the last day for filing." Tex.R.App.P. 9.2(b)(1).