Opinion
No. 06-06-00058-CR
Submitted: April 4, 2006.
Decided: April 5, 2006. DO NOT PUBLISH.
On Appeal from the 6th Judicial District Court, Lamar County, Texas, Trial Court No. 7816.
Before MORRISS, C.J., ROSS and CARTER, JJ.
MEMORANDUM OPINION
James Ray Blake appeals from the denial of his motion for DNA testing. The order is dated February 3, 2006. Blake's notice of appeal is dated March 14, 2006, and is file-marked March 17, 2006. Blake had thirty days after the day the order was signed, until March 6, 2006, to file a notice of appeal. See Tex.R.App.P. 26.2(a)(1). No motion for extension of time to file his notice of appeal was filed. See Tex.R.App.P. 26.3. Hence, this appeal is untimely, and we are without jurisdiction to hear this case. We dismiss this appeal for want of jurisdiction.
While it is true the Texas Supreme Court interprets Rule 26.3 liberally, implying a motion for extension where a notice of appeal is filed within the fifteen days immediately following the notice's due date ( see Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997)), the Texas Court of Criminal Appeals interprets the rule strictly, requiring a notice of appeal and a motion for extension within the fifteen-day period. See Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998); Olivo v. State, 918 S.W.2d 519, 522-26 (Tex.Crim.App. 1996).