Opinion
No. 05-15-01541-CR
01-20-2016
LATORRENCE TORRELL NEWMAN, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 282nd Judicial District Court Dallas County, Texas
Trial Court Cause No. F15-51521-S
MEMORANDUM OPINION
Before Justices Bridges, Lang-Miers, and Schenck
Opinion by Justice Bridges
LaTorrence Torrell Newman was convicted of burglary of a habitation. The jury assessed punishment, enhanced by one prior felony conviction, at forty-five years' imprisonment. Sentence was imposed in open court on September 30, 2015. No motion for new trial was filed; therefore, appellant's notice of appeal was due by October 30, 2015. See TEX. R. APP. P. 26.2(a). Appellant filed a pro se notice of appeal on November 16, 2015. The notice of appeal on its face reflects it was prepared on November 9, 2015 and the envelope in which it was mailed is postmarked November 10, 2015. While these dates are within the fifteen-day extension period provided by rule 26.3, appellant did not file an extension motion in this Court within that fifteen-day period. See TEX. R. APP. P. 26.3; Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam). Appellant's untimely notice of appeal leaves us without jurisdiction over the appeal.
The Court sent counsel for appellant and the State a letter questioning our jurisdiction over the appeal. Appellant's counsel responded that there is nothing in the record to reflect a motion for new trial was filed. --------
We dismiss the appeal for want of jurisdiction. Do Not Publish
TEX. R. APP. P. 47
151541F.U05
/David L. Bridges/
DAVID L. BRIDGES
JUSTICE
JUDGMENT
On Appeal from the 282nd Judicial District Court, Dallas County, Texas
Trial Court Cause No. F15-51521-S.
Opinion delivered by Justice Bridges, Justices Lang-Miers and Schenck participating.
Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction. Judgment entered January 20, 2016.