Opinion
No. 05-03-01188-CR
Opinion Filed December 16, 2003. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the 265th Judicial District Court, Dallas County, Texas, Trial Court Cause No. F03-48210-KR. Dismiss.
Before Justices MOSELEY, FITZGERALD, LANG.
MEMORANDUM OPINION
Bryan Keith Robinson pleaded guilty to the offense of aggravated robbery with a deadly weapon. On May 14, 2003, the trial court deferred adjudicating guilt, placed appellant on ten years community supervision, and assessed a $1500 fine. Appellant filed a motion for new trial on June 12, 2003 and a notice of appeal on July 25, 2003. Because a motion for new trial is not available at the time adjudication is deferred, see Donovan v. State, 68 S.W.3d 633, 636 (Tex.Crim.App. 2002), it is not effective to extend the time for filing the notice of appeal. See Murray v. State, 89 S.W.3d 187, 188 (Tex. App.-Dallas 2002, pet. ref'd). Therefore, appellant's notice of appeal was due by June 13, 2003. See Tex.R.App.P. 4.1(a), 26.2(a)(1). Appellant's July 25, 2003 notice of appeal is untimely, leaving us without jurisdiction over the appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998) (per curiam); Olivo v. State, 918 S.W.2d 519, 523 (Tex.Crim.App. 1996); Boyd v. State, 971 S.W.2d 603, 605-06 (Tex. App.-Dallas 1998, no pet.). We dismiss the appeal for want of jurisdiction.
Appellant has a companion case, 05-03-01189-CR, in which sentence of five years confinement was imposed in open court on May 14, 2003. Appellant filed a motion for new trial on June 12, 2003 and a notice of appeal on July 25, 2003. See Tex.R.App.P. 26.2(a)(2). That appeal will proceed to submission in due course.