Opinion
No. 08-16-00206-CR
09-09-2016
HAROLD ELDRIDGE POTUCEK, Appellant, v. THE STATE OF TEXAS, Appellee.
Appeal from the 207th District Court of Comal County, Texas (TC# CR2015-187) MEMORANDUM OPINION
Harold Eldridge Potucek attempts to appeal his convictions of indecency with a child. Finding that Appellant did not timely file his notice of appeal, we dismiss the 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). In a criminal case, a defendant's notice of appeal is due within thirty days after the sentence is imposed in open court or the trial court enters an appealable order. See TEX.R.APP.P. 26.2(a)(1). The deadline is extended to ninety days after the date the sentence is imposed in open court if the defendant timely files a motion for new trial. See TEX.R.APP.P. 26.2(a)(2). The judgment of conviction reflects that sentence was imposed in open court on January 14, 2016. Appellant did not file a motion for new trial. Therefore, his notice of appeal was due to be filed no later than February 13, 2016, thirty days after the date sentence was imposed in open court. See TEX.R.APP.P. 26.2(a)(1). Appellant did not file his notice of appeal until July 18, 2016, more than five months after the deadline. Accordingly, we dismiss the appeal for want of jurisdiction.
STEVEN L. HUGHES, Justice September 9, 2016 Before McClure, C.J., Rodriguez, and Hughes, JJ. (Do Not Publish)