Opinion
No. 01-08-00815-CR
Opinion issued January 29, 2009. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).
On Appeal from the 21st District Court Washington County, Texas, Trial Court Cause No. 14978.
Panel consists of Justices TAFT, KEYES, and ALCALA.
MEMORANDUM OPINION ON REHEARING
Upon reconsideration of relator's motion for rehearing, we deny the motion, withdraw our opinion of November 6, 2008 and substitute the following in its place. We lack jurisdiction to hear this appeal. The trial court sentenced appellant, Ashley Nicole Williams, and signed a final judgment in this case on August 14, 2008. Thirty days from August 14, 2008 was September 13, 2008, which fell on a Saturday. Tex. R. App. P. 26.2(a)(2). Notice of appeal was therefore due on Monday, September 15, 2008. The appellant gave notice of appeal on September 19, 2008, which was within the 15 days to file for extension of time. Tex. R. App. P. 26.3. However, no motion for extension of time stating reasons for the need for an extension of time was filed within 15 days of September 19, 2008. A motion for extension of time was filed after that on October 10, 2008. When a notice of appeal is filed within the 15 day period, but no timely motion for extension is also filed within the 15 day period, the appellate court lacks jurisdiction. Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996); Slaton v. State, 981 S.W.2d 208, 209-10 (Tex.Crim.App. 1998). We therefore dismiss the appeal for lack of jurisdiction. It is so ORDERED.