Opinion
No. 06-06-00012-CR
Submitted: March 27, 2005.
Decided: March 28, 2005. DO NOT PUBLISH.
On Appeal from the 188th Judicial District Court, Gregg County, Texas, Trial Court No. 33,420-A.
Before MORRISS, C.J., ROSS and CARTER, JJ.
MEMORANDUM OPINION
Manuel Esquivel Luna appeals from his verdict of guilty for driving while intoxicated, subsequent offense. See Tex. Pen. Code Ann. § 49.04 (Vernon 2003), § 49.09 (Vernon Supp. 2005). The sentence was imposed December 9, 2005. Luna filed a notice of appeal and a motion for new trial January 10, 2006. According to Rule 26.2, Luna had thirty days after the day sentence was imposed to file a notice of appeal, or timely file a motion for new trial and thereby extend his time to file a notice of appeal. See Tex.R.App.P. 26.2(a)(1), 21.4. Luna's motion for new trial was also filed January 10, 2005, and therefore was not timely. Luna had until January 9, 2006, to file a notice of appeal. No motion for extension of time to file his notice of appeal was filed. See Tex.R.App.P. 26.3. Hence, this appeal is untimely, and we are without jurisdiction to hear this case. We dismiss this appeal for want of jurisdiction.
While it is true the Texas Supreme Court interprets Rule 26.3 liberally, implying a motion for extension where a notice of appeal is filed within the fifteen days immediately following the notice's due date ( see Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997)), the Texas Court of Criminal Appeals interprets the rule strictly, requiring a notice of appeal and a motion for extension within the fifteen-day period. See Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998); Olivio v. State, 918 S.W.2d 519, 522-26 (Tex.Crim.App. 1996).