Opinion
NO. 12-14-00174-CR
07-31-2014
ALGRETTA NAN HEWITT-SCOTT, APPELLANT v. THE STATE OF TEXAS, APPELLEE
APPEAL FROM THE 420TH JUDICIAL DISTRICT COURT NACOGDOCHES COUNTY, TEXAS
MEMORANDUM OPINION
This appeal is being dismissed for want of jurisdiction. Appellant was convicted of possession of a controlled substance and sentenced to imprisonment for five years.
In a criminal case, the notice of appeal must be filed within thirty days after sentence is imposed or within ninety days after that date if a motion for new trial is filed. TEX. R. APP. P. 26.2(a). Appellant's sentence was imposed on May 16, 2014, and she did not file a motion for new trial. Therefore, her notice of appeal was due to have been filed no later than June 16, 2014. However, Appellant did not file her notice of appeal until July 2, 2014. Because Appellant's notice of appeal was not filed on or before June 16, 2014, it was untimely, and this court has no jurisdiction of the appeal.
On July 3, 2014, this court notified Appellant, pursuant to Texas Rules of Appellate Procedure 37.2 and 42.3, that her notice of appeal was untimely and there was no timely motion for an extension of time to file the notice of appeal. See TEX. R. APP. P. 26.2(a)(1), 26.3. Appellant was further informed that the appeal would be dismissed unless the information in this appeal was amended, on or before July 14, 2014, to show the jurisdiction of this court. That deadline has passed, and Appellant has not shown the jurisdiction of this court.
Because this court is not authorized to extend the time for perfecting an appeal except as provided by Texas Rules of Appellate Procedure 26.1 and 26.3, the appeal is dismissed for want of jurisdiction. Opinion delivered July 31, 2014.
Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.
(DO NOT PUBLISH)
JUDGMENT
Appeal from the 420th District Court of Nacogdoches County, Texas (Tr.Ct.No. F1219521)
THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this court that this court is without jurisdiction of the appeal, and that the appeal should be dismissed.
It is therefore ORDERED, ADJUDGED and DECREED by this court that this appeal be, and the same is, hereby dismissed for want of jurisdiction; and that this decision be certified to the court below for observance.
By per curiam opinion.
Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.