Opinion
No. 06-10-00142-CR
Date Submitted: July 27, 2010.
Date Decided: July 28, 2010. DO NOT PUBLISH.
On Appeal from the 188th Judicial District Court, Gregg County, Texas, Trial Court No. 37,344-A.
Before MORRISS, C.J., CARTER and MOSELEY, JJ.
MEMORANDUM OPINION
Don Creech attempts to appeal his convictions for possession of a controlled substance with intent to deliver, possession of marihuana, and delivery of a controlled substance. Creech's sentences were imposed April 6, 2010. His notice of appeal was filed June 21, 2010. We received the clerk's record July 23, 2010. The issue before us is whether Creech timely filed his notice of appeal. We conclude that he did not and dismiss the attempted 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). Rule 26.2(a) of the Texas Rules of Appellate Procedure prescribes the time period in which a notice of appeal must be filed by a defendant in order to perfect an appeal in a criminal case. A defendant's notice of appeal is timely if filed within thirty days after the day sentence is imposed or suspended in open court, or within ninety days after sentencing if the defendant timely files a motion for new trial. TEX. R. APP. P. 26.2(a); Olivo, 918 S.W.2d at 522. The record does not contain a motion for new trial. The last date Creech could timely file his notice of appeal was May 6, 2010, thirty days after the day the sentences were imposed in open court. See TEX. R. APP. P. 26.2(a)(1). Further, no motion for extension of time was filed in this Court within fifteen days of the last day allowed for filing the notice of appeal. Creech has failed to perfect his appeal. Accordingly, we dismiss the appeal for want of jurisdiction.