Opinion
No. 08-16-00108-CR
08-17-2016
ALLEN THOMAS ASKEW, Appellant, v. THE STATE OF TEXAS, Appellee.
Appeal from 384th District Court of El Paso County, Texas (TC # 20140D01733) MEMORANDUM OPINION
Allen Thomas Askew attempts to appeal his convictions of injury to a child, elderly individual, or disabled person (Counts I-II). 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 the sentence for each count was imposed in open court on December 3, 2015. Appellant did not file a motion for new trial. Therefore, his notice of appeal was due to be filed no later than January 2, 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 June 1, 2016, approximately five months after the deadline. Accordingly, we dismiss the appeal for want of jurisdiction. August 17, 2016
ANN CRAWFORD McCLURE, Chief Justice Before McClure, C.J., Rodriguez, and Hughes, JJ. (Do Not Publish)