Opinion
No. 10-17-00317-CR
10-18-2017
CHAZ ANTHONY PHILLIP JONES, Appellant v. THE STATE OF TEXAS, Appellee
From the 413th District Court Johnson County, Texas
Trial Court No. F50789
ORDER
Appellant's motion for extension of time to file a notice of appeal was filed on October 9, 2017. Believing the notice of appeal to be untimely, appellant requests an extension of time to file a notice of appeal until October 5, 2017. Appellant's notice of appeal is not untimely.
The sentence in the underlying conviction was imposed in open court on August 8, 2017. Normally, appellant's notice of appeal would have been due by September 7, 2017. See TEX. R. APP. P. 26.2(a)(1). Appellant's notice of appeal was not filed until October 5, 2017. However, appellant's motion for new trial was filed on August 24, 2017, thus extending the time to file a notice of appeal until November 6, 2017. See TEX. R. APP. P. 26.2(a)(2).
This motion was filed by trial counsel rather than appellate counsel.
Accordingly, appellant's notice of appeal is timely, and the motion for extension of time to file the notice of appeal is dismissed as moot.
PER CURIAM Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Motion dismissed as moot
Order issued and filed October 18, 2017