Opinion
No. 14-09-00432-CR
Opinion filed June 11, 2009. DO NOT PUBLISH — TEX. R. APP. P. 47.2(b).
On Appeal from the 248th District Court, Harris County, Texas, Trial Court Cause No. 1140782.
Panel consists of Justices SEYMORE, BROWN, and SULLIVAN.
MEMORANDUM OPINION
A jury convicted appellant of aggravated robbery with a deadly weapon and sentenced him to confinement for twenty-five years in the Texas Department of Criminal Justice, Institutional Division. No motion for new trial was filed. The record reflects appellant's notice of appeal was not timely filed. A defendant's notice of appeal must be filed within thirty days after sentence is imposed when the defendant has not filed a motion for new trial. See Tex. R. App. P. 26.2(a)(1). The time for filing the notice of appeal may be extended if, within fifteen days of the deadline for filing the notice of appeal, appellant files the notice of appeal and a motion complying with Rule 10.5(b). See Tex. R. App. P. 26.3; 10.5(b). The notice of appeal was due April 27, 2009. See Tex. R. App. P. 26.2(a)(1). Appellant's pro se notice of appeal was not filed until April 30, 2009. The record reflects it was placed in the mail on April 28, 2009, one day late. Appellant's notice of appeal was filed within fifteen days of the deadline, but no motion for extension of time was filed. See Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996). Although the Court of Criminal Appeals has interpreted Tex. R. App. P. 26.3 similarly to the Texas Supreme Court in regards to amending a defective notice of appeal, see Few v. State, 230 S.W.3d 184, 189-90 (Tex.Crim.App. 2007); Bayless v. State, 91 S.W.3d 801 (Tex.Crim.App. 2002), the Court has not held that an extension is implied if a notice of appeal is filed within fifteen days after the deadline. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). This court has no authority to allow the late filing of a notice of appeal except as provided by Rule 26.3. See Olivo, 918 S.W.2d at 522. If an appeal is not timely perfected, a court of appeals does not obtain jurisdiction to address the merits of the appeal and can take no action other than to dismiss the appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998). Accordingly, the appeal is ordered dismissed.