Opinion
No. 06-07-00123-CR
Submitted: September 5, 2007.
Decided: September 6, 2007. DO NOT PUBLISH.
On Appeal from the County Court at Law, Cass County, Texas, Trial Court No. CCLM050135.
Before MORRISS, C.J., CARTER and MOSELEY, JJ.
MEMORANDUM OPINION
Shamarcus Twain Jones attempts to appeal his conviction for driving while intoxicated (DWI) — second offense. He was found guilty by a jury, and the jury assessed punishment at 270 days in the county jail. Jones' sentence was imposed June 7, 2007. His notice of appeal was filed July 19, 2007. We received the clerk's record August 23, 2007. Further, the State has filed a motion to dismiss this appeal. The issue before us is whether Jones 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) prescribes the time period in which a notice of appeal must be filed by a defendant in order to perfect 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 any motion for new trial. The last date Jones could timely file his notice of appeal was July 9, 2007, thirty days after the day sentence was imposed in open court. See Tex. R. App. P. 26.2(a)(1); see also Tex. R. App. P. 4.1(a). 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. Jones has failed to perfect his appeal. Accordingly, we grant the State's motion and dismiss the appeal for want of jurisdiction.