Opinion
Nos. 01-03-00332-CR, 01-03-00877-CR.
Opinion issued November 6, 2003. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 278th District Court, Walker County, Texas, Trial Court Cause No. 20,727-C (Counts I and II) It is so ORDERED.
Panel consists of Chief Justice RADACK, and Justices KEYES and ALCALA.
MEMORANDUM OPINION
We are without jurisdiction to entertain these appeals. Appellant was sentenced on November 1, 2002. A timely motion for new trial was filed. The deadline for filing notice of appeal was therefore January 30, 2003, 90 days after sentencing. SeeTex.R.App.P. 26.2(a)(2). Notice of appeal was filed on February 11, 2003, 12 days after the deadline. On September 25, 2003, we notified the parties by written order that the appeals would be dismissed unless the appellate record was supplemented with proof that the notice of appeal was timely under the Texas Rules of Appellate Procedure. On October 15, 2003, appellant's counsel filed motions for extension of time to file written notice of appeal. A motion for extension of time to file notice of appeal must be filed within 15 days after the deadline for filing notice of appeal. Tex.R.App.P. 26.3. "When a notice of appeal is filed within the fifteen-day period but no timely motion for extension of time is filed, the appellate court lacks jurisdiction." Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996); see also Slaton v. State, 981 S.W.2d 208, 209-10 (Tex.Crim.App. 1998). The motion for extension of time to file notice of appeal in this case was due on February 14, 2003, the fifteenth day after the deadline for filing notice of appeal. Therefore, the motions for extension filed on October 15, 2003 were not timely and did not vest this Court with jurisdiction over the appeals. Olivo, 918 S.W.2d at 522. We dismiss the appeals for lack of jurisdiction.
The motions do not argue the existence of anything with which the record could be supplemented that would prove that the notice of appeal was timely.