Opinion
NO. 12-14-00152-CR
06-25-2014
JAMES ANTHONY BARNES, APPELLANT v. THE STATE OF TEXAS, APPELLEE
APPEAL FROM THE 114TH
JUDICIAL DISTRICT COURT
SMITH COUNTY, TEXAS
MEMORANDUM OPINION
PER CURIAM
This appeal is being dismissed for want of jurisdiction. Following a guilty plea, Appellant was convicted of harassment of a public servant and sentenced to imprisonment for three 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 April 26, 2012, and he did not file a motion for new trial. Therefore, his notice of appeal was due to have been filed no later than May 26, 2012. However, Appellant did not file his notice of appeal until June 11, 2014. Because Appellant's notice of appeal was not filed on or before May 26, 2012, it was untimely, and this court has no jurisdiction of the appeal.
On June 13, 2014, this court notified Appellant, pursuant to Texas Rules of Appellate Procedure 37.2, that his 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, on or before June 23, 2014, the information in this appeal was amended 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. See TEX. R. APP. P. 42.3(a). Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.
(DO NOT PUBLISH)
JUDGMENT
NO. 12-14-00152-CR
JAMES ANTHONY BARNES,
Appellant
V.
THE STATE OF TEXAS,
Appellee
Appeal from the 114th District Court
of Smith County, Texas (Tr.Ct.No. 114-0207-12)
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.