Opinion
No. 06-05-00278-CR
Submitted: January 30, 2006.
Decided: January 31, 2006. DO NOT PUBLISH.
On Appeal from the County Court, Lamar County, Texas, Trial Court No. 49474.
Before MORRISS, C.J., ROSS and CARTER, JJ.
MEMORANDUM OPINION
A jury convicted Bradwick Levert Holt of failure to identify, fugitive from justice. See Tex. Pen. Code Ann. § 38.02 (Vernon Supp. 2005). As charged in this case, that offense is a Class B misdemeanor. See id. The trial court assessed Holt's punishment at sixty days' confinement in the county jail and no fine. The court imposed Holt's sentence September 7, 2005. Holt timely filed a motion for new trial October 5, 2005. Holt filed his notice of appeal December 19, 2005. To perfect an appeal in a criminal case, the notice of appeal must be filed "within 90 days after the day sentence is imposed or suspended in open court if the defendant timely files a motion for new trial." Tex.R.App.P. 26.2. Holt's notice of appeal was not filed until 103 days after the date on which the trial court imposed Holt's sentence. Holt's notice of appeal was, therefore, untimely by thirteen days, and it cannot serve to invoke this Court's jurisdiction. Accordingly, we dismiss the appeal for want of jurisdiction.