Opinion
No. 05-05-01314-CR
Opinion issued December 19, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the Criminal District Court No. 2, Dallas County, Texas, Trial Court Cause No. WX05-60003. Dismissed.
Before Justices MORRIS, BRIDGES, and FRANCIS.
MEMORANDUM OPINION
In this case, Christopher Abbott filed an application for writ of habeas corpus alleging ineffective assistance of counsel. The trial court denied habeas corpus relief by written order on June 22, 2005. Appellant filed a motion to reconsider, which the trial court denied on July 31, 2005. Appellant filed his notice of appeal on August 29, 2005. Because it appeared the notice of appeal was untimely as to the June 22, 2005 order, this Court requested the parties to file letter briefs addressing our jurisdiction over the appeal. Appellant did not respond. The State filed a letter brief asserting the motion to reconsider did not extend the time for filing appellant's notice of appeal, and that the August 29, 2005 notice of appeal is untimely. We agree with the State, and dismiss the appeal for want of jurisdiction. This Court has held that a defendant appealing an order which does not involve imposition or suspension of a sentence must file a notice of appeal within the thirty-day period provided by rule 26.2(a)(1). See Welsh v. State, 108 S.W.3d 921, 922 (Tex.App.-Dallas 2003, no pet.). The trial court's denial of habeas corpus relief in this case did not involve the imposition or suspension of a sentence. Therefore, the motion to reconsider did not extend appellant's time to file his notice of appeal, see id. at 922-23, and appellant's notice of appeal was due by July 22, 2005. See Tex.R.App.P. 26.2(a)(1). The August 29, 2005 notice of appeal is untimely as to the June 22, 2005 order denying habeas corpus relief, leaving us without jurisdiction over the appeal. See Welsh, 108 S.W.3d at 923; see also 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.
Because of our disposition, we need not determine whether the motion to reconsider was the functional equivalent to a motion for new trial. Even if it is, the motion is ineffective to extend time to file the notice of appeal from the order denying habeas corpus relief.