Opinion
No. 06-06-00117-CR
Submitted: July 12, 2006.
Decided: July 13, 2006. DO NOT PUBLISH.
On Appeal from the Fifth Judicial District Court, Cass County, Texas, Trial Court No. 2004-F-00176.
Before MORRISS, C.J., ROSS and CARTER, JJ.
MEMORANDUM OPINION
Steffon O'Keith Hatten appeals from the revocation of his community supervision and adjudication of guilt on charges of theft. See Tex. Pen. Code Ann. § 31.03 (Vernon Supp. 2005). His sentence was imposed March 8, 2006. Hatten timely filed a motion for new trial April 7, 2006. According to Rule 26.2, after Hatten timely filed his motion for new trial, he had ninety days after the date sentence was imposed to file a notice of appeal. See Tex.R.App.P. 26.2(a)(2). Hatten had until June 6, 2006, to file a notice of appeal. He did not, however, file his notice of appeal until June 8, 2006. No motion for extension of time to file his notice of appeal was filed. See Tex.R.App.P. 26.3. Hence, this appeal is untimely, and we are without jurisdiction to hear this case. We dismiss the appeal for want of jurisdiction.
While it is true the Texas Supreme Court interprets Rule 26.3 liberally, implying a motion for extension where a notice of appeal is filed within the fifteen days immediately following the notice's due date ( see Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997)), the Texas Court of Criminal Appeals interprets the rule strictly, requiring a notice of appeal and a motion for extension within the fifteen-day period. See Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998); Olivo v. State, 918 S.W.2d 519, 522-26 (Tex.Crim.App. 1996).